BILL NUMBER: AB 36	AMENDED
	BILL TEXT

	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 surplus
military equipment pursuant to the above-described federal law unless
the legislative body of the local agency votes to approve the
acquisition at a  regular  public meeting. The bill would
also declare that this is a matter of statewide concern.
   By adding to the duties of local government officials, this bill
would impose a state-mandated local program. 
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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.
  SEC. 2.  Section 54145 is added to the Government Code, to read:
   54145.  (a) A local agency shall not receive 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 at a  regular  meeting held pursuant to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)).
   (b) 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. 
  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
   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.