Bill Text: CA AB36 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 36 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2015
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
Sections 54145 and 54956.97
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
agency, other than a local law enforcement agency that is directly
under the control of an elected officer, from applying to
receive high-visibility tactical surplus
military equipment, as defined, pursuant to the above-described
federal law unless the legislative body of the local agency approves
the acquisition by ordinance or resolution at a regular public
meeting. The bill would authorize the legislative body to
consider the ordinance or resolution during a closed session of a
regular meeting upon determination of 2/3 of the members of the
legislative body, as specified. The bill would require the
ordinance or resolution to include a list of the types of
high-visibility tactical surplus military
equipment and the period of time for which the authorization
is valid, not to exceed one year. equipment, or, if
the legislative body considers the ordinance or resolution during a
closed session, a statement that the local agency is authorized to
acquire tactical surplus military equipment, and would require the
legislative body to review the ordinance at least annually, as
specified. The bill would prohibit a local agency from applying to
receive specified types of equipment. 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
tactical 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 "Tactical
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 agency, other
than a local law enforcement agency that is directly under the
control of an elected officer, shall not apply to receive
high-visibility tactical surplus
military equipment unless the legislative body of the local agency
approves the acquisition of high-visibility
tactical 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
tactical surplus military equipment. The ordinance or
resolution shall include comply with both of the
following: following requirements:
(1) A The ordinance shall include a
list of the types of high-visibility tactical
surplus military equipment that the legislative body
authorizes the local law enforcement agency to acquire.
acquire, unless the legislative body considers the
ordinance or resolution at a closed session pursuant to Section
54956.97, in which case the ordinance or resolution shall instead
state that the local law enforcement agency is authorized to acquire
tactical surplus military equipment.
(2) The period of time for which the authorization is valid, not
to exceed one year.
(2) The legislative body shall review the ordinance or resolution
at least annually. During the review, the legislative body shall vote
on whether to renew the ordinance or resolution authorizing the
acquisition of tactical surplus military equipment. If the
legislative body does not approve a renewal pursuant to this
paragraph, the authorization shall expire.
(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 tactical
surplus military equipment, unless specified by the ordinance or
resolution adopted pursuant to subdivision (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 tactical
surplus military equipment. The list shall identify surplus military
equipment that poses a potential negative impact on the
community in which it is deployed. warrants public
input pursuant to this article. 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.
(A) Weapons.
(B) Armored vehicles.
(C) Watercraft.
(D) Aircraft.
(E) Other tactical equipment as determined by the state
coordinator.
(f) Notwithstanding any other law, a local agency shall not apply
to receive the following types of surplus military equipment:
(1) Tracked armored vehicles.
(2) Weaponized vehicles.
(3) Firearms of .50 caliber or greater.
(4) Ammunition of .50 caliber or greater.
(5) Grenade launchers.
(6) Bayonets.
(7) Camouflage uniforms.
SEC. 3. Section 54956.97 is added to the
Government Code , to read:
54956.97. (a) A legislative body of a local agency may hold a
closed session for the purpose of considering an ordinance or
resolution authorizing the acquisition of tactical surplus military
equipment, as that term is defined in Section 54141, pursuant to
Section 54145 if the following conditions are met:
(1) The ordinance or resolution is listed on the agenda of a
regular meeting pursuant to Section 54954.2.
(2) A member of the legislative body, during an open session of
the regular meeting, makes a motion to consider the ordinance or
resolution at a closed session.
(3) Two-thirds of the members of the legislative body concur in
the motion.
(4) The closed session complies with the applicable requirements
of this chapter.
(b) The types of tactical surplus military equipment that the
legislative body authorizes at a closed session held pursuant to this
section shall not be disclosed during an open session.
SEC. 3. SEC. 4. 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. 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 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.
