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  SEPTEMBER 4, 2015
	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  Sections
  Section  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, other than a local law
enforcement agency that is directly under the control of an elected
officer, from applying to receive 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 tactical surplus
military  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,   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 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) "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, other than a local law enforcement
agency that is directly under the control of an elected officer,
shall not apply to receive tactical surplus military equipment unless
the legislative body of the local agency approves the acquisition of
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 tactical surplus military equipment. The
ordinance or resolution shall  include  comply with
both of the following requirements:
   (1) The ordinance shall include a list of the types of tactical
surplus military equipment that the legislative body authorizes the
local law enforcement agency to 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.
  acquire. 
   (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 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 tactical surplus military equipment. The list shall
identify surplus military equipment that 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) 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. 4.   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. 5.   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.