Bill Text: CA AB36 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: federal surplus property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB36 Detail]

Download: California-2015-AB36-Amended.html

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BILL NUMBER: AB 36	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  APRIL 27, 2015

INTRODUCED BY   Assembly Member Campos

                        DECEMBER 1, 2014

   An act to amend Section 54141 of, and to add Section 54145 to, the
Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 36, as amended, Campos. Local government: federal surplus
property.
   Existing law, the Federal Surplus Property Acquisition Law of
1945, authorizes a local agency, as defined, to acquire surplus
federal property without regard to any law which requires posting of
notices or advertising for bids, inviting or receiving bids, delivery
of purchases before payment, or prevents the local agency from
bidding on federal surplus property. Existing law, the Ralph M. Brown
Act, requires that all meetings of a legislative body, as defined,
of a local agency be open and public and all persons permitted to
attend unless a closed session is authorized. Existing federal law
authorizes the Department of Defense to transfer surplus personal
property, including arms and ammunition, to federal or state agencies
for use in law enforcement activities, subject to specified
conditions, at no cost to the acquiring agency.
   This bill would prohibit a local agency from  receiving
  applying to receive high-visibility  surplus
military  equipment   equipment, as defined,
 pursuant to the above-described federal law unless the
legislative body of the local agency  votes to approve
  approves  the acquisition  by ordinance or
resolution  at a regular public meeting.  The bill would
require the ordinance or resolution to include a list of the types of
high-visibility surplus military equipment and the period of time
  for which the authorization is valid, not to exceed one
year.  The bill would also declare that this is a matter of
statewide concern. 
   The bill would also require the state agency that has signed a
current memorandum of agreement with the Defense Logistics Agency for
the purpose of administering a state program for acquiring surplus
military equipment to develop a list of high-visibility surplus
military equipment by January 31, 2016, as specified, and post the
list on its Internet Web site. 
   By adding to the duties of local government officials, this bill
would impose a state-mandated local program.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   This bill would make legislative findings to that effect.
   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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 54141 of the Government Code is amended to
read:
   54141.  As used in this article:
   (a) "Local agency" means county, city, whether general law or
chartered, city and county, town, school district, municipal
corporation, district, political subdivision, or any board,
commission, or agency thereof, or other local public agency.
   (b) "United States" includes any department, board, or agency
thereof.
   (c) "State" includes any department or agency thereof.
   (d) "Legislative body" means a legislative body as defined in
Section 54952. 
   (e) (1) "Surplus military equipment" means equipment made
available to a local agency pursuant to Section 2576a of Title 10 of
the United States Code.  
   (2) "High-visibility surplus military equipment" means surplus
military equipment identified on the list developed and maintained by
the state coordinator pursuant to subdivision (e) of Section 54145.
 
   (f) "State coordinator" means the state agency that has signed a
current memorandum of agreement with the federal Defense Logistics
Agency for the purpose of administering a state program for acquiring
surplus military equipment. 
  SEC. 2.  Section 54145 is added to the Government Code, to read:
   54145.  (a) A local agency shall not  apply to  receive
 high-visibility  surplus military equipment 
pursuant to Section 2576a of Title 10 of the United States Code
 unless the legislative body of the local agency approves
the acquisition  of high-visibility surplus military equipment by
ordinance or resolution, pursuant to subdivision (b),  at a
regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950)). 
   (b) The legislative body of a local agency may adopt an ordinance
or resolution authorizing the local law enforcement agency in that
jurisdiction to apply for high-visibility surplus military equipment.
The ordinance or resolution shall include both of the following:
 
   (1) A list of the types of high-visibility surplus military
equipment that the legislative body authorizes the local law
enforcement agency to acquire.  
   (2) The period of time for which the authorization is valid, not
to exceed one year.  
   (c) This section shall not be construed to require the legislative
body of a local agency to approve the acquisition of each individual
item of high-visibility surplus military equipment, unless specified
by the ordinance or resolution adopted pursuant to subdivision (b).
 
   (b) 
    (d)  The Legislature finds and declares that this
section constitutes a matter of statewide concern, and shall apply to
charter cities and charter counties. The provisions of this section
shall supersede any inconsistent provisions in the charter of any
city, county, or city and county. 
   (e) (1) The state coordinator, by January 31, 2016, shall develop
a list of high-visibility surplus military equipment. The list shall
identify surplus military equipment that poses a potential negative
impact on the community in which it is deployed. The state
coordinator shall post this list on its Internet Web site and update
it at least annually.  
   (2) In developing the list required by this subdivision, the state
coordinator shall consider the current list of controlled property
designated by the federal Defense Logistics Agency, as well as any
other state or federal regulations or policies governing the use of
surplus military equipment.  
   (3) The list required by this subdivision shall include, at
minimum, the following types of equipment:  
   (A) The following types of weapons:  
   (i) Firearms and ammunition of .50 caliber or greater.  
   (ii) Specialized firearms and ammunition of less than .50 caliber.
This subparagraph shall not apply to service-issued firearms and
ammunition.  
   (iii) Explosives and pyrotechnics, including flash-bang grenades
and grenade launchers.  
   (iv) Bayonets.  
   (B) The following types of vehicles:  
   (i) Armored vehicles, whether wheeled or utilizing a track system,
including mine-resistant ambush protected vehicles and armored
personnel carriers.  
   (ii) Tactical vehicles, including vehicles purpose-built to
operate on and off road in support of military operations.  

   (iii) Command and control vehicles, including wheeled vehicles
either purpose-built or modified to facilitate the operational
control and direction of public safety units responding to an
incident.  
   (iv) Manned fixed-wing or rotary-wing aircraft.  
   (v) Unmanned aerial vehicles.  
   (vi) Any weaponized vehicles, vessels, or aircraft.  
   (C) The following additional types of equipment:  
   (i) Camouflage uniforms.  
   (ii) Riot equipment, including batons, helmets, and shields. This
subparagraph shall not apply to service-issued telescopic or
fixed-length straight batons.  
   (iii) Breaching apparatus, including battering rams or similar
entry devices. 
  SEC. 3.  The Legislature finds and declares that Section 2 of this
act, which adds Section 54145 to the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   Requiring local agencies to hold public meetings prior to the
acquisition of federal surplus military equipment further exposes
that activity to public scrutiny and enhances public access to
information concerning the conduct of the people's business.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.
   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.