Amended in Senate June 24, 2015

Amended in Assembly April 27, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 36

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 begin delete receiving end delete begin insert applying to receive high-visibility end insert surplus military begin delete equipment end delete begin insert equipment, as defined, end insert pursuant to the above-described federal law unless the legislative body of the local agency begin delete votes to approve end delete begin insert approves end insert the acquisition begin insert by ordinance or resolution end insert at a regular public meeting. begin insert 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. end insert The bill would also declare that this is a matter of statewide concern.

begin insert

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.

end insert

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.

begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert

SEC. 2.  

Section 54145 is added to the Government Code, to
read:

54145.  

(a) A local agency shall not begin insert apply to end insert receive
begin insert high-visibility end insert surplus military equipment begin delete pursuant to Section
2576a of Title 10 of the United States Code end delete unless the legislative
body of the local agency approves the acquisition begin insert of high-visibility
surplus military equipment by ordinance or resolution, pursuant
to subdivision (b), end insert at a regular meeting held pursuant to the Ralph
M. Brown Act (Chapter 9 (commencing with Section 54950)).

begin insert

(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:

end insert begin insert

(1) A list of the types of high-visibility surplus military equipment
that the legislative body authorizes the local law enforcement
agency to acquire.

end insert begin insert

(2) The period of time for which the authorization is valid, not
to exceed one year.

end insert begin insert

(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).

end insert begin delete

(b)

end delete

begin insert (d) end insert  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.

begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(3) The list required by this subdivision shall include, at
minimum, the following types of equipment:

end insert begin insert

(A) The following types of weapons:

end insert begin insert

(i) Firearms and ammunition of .50 caliber or greater.

end insert begin insert

(ii) Specialized firearms and ammunition of less than .50 caliber.
This subparagraph shall not apply to service-issued firearms and
ammunition.

end insert begin insert

(iii) Explosives and pyrotechnics, including flash-bang grenades
and grenade launchers.

end insert begin insert

(iv) Bayonets.

end insert begin insert

(B) The following types of vehicles:

end insert begin insert

(i) Armored vehicles, whether wheeled or utilizing a track
system, including mine-resistant ambush protected vehicles and
armored personnel carriers.

end insert begin insert

(ii) Tactical vehicles, including vehicles purpose-built to operate
on and off road in support of military operations.

end insert begin insert

(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.

end insert begin insert

(iv) Manned fixed-wing or rotary-wing aircraft.

end insert begin insert

(v) Unmanned aerial vehicles.

end insert begin insert

(vi) Any weaponized vehicles, vessels, or aircraft.

end insert begin insert

(C) The following additional types of equipment:

end insert begin insert

(i) Camouflage uniforms.

end insert begin insert

(ii) Riot equipment, including batons, helmets, and shields. This
subparagraph shall not apply to service-issued telescopic or
fixed-length straight batons.

end insert begin insert

(iii) Breaching apparatus, including battering rams or similar
entry devices.

end insert

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.

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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.

end insert