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 localbegin delete agencyend deletebegin insert agency, other than a local law enforcement agency that is directly under the control of an elected officer,end insert from applying to receivebegin delete high-visibilityend deletebegin insert tacticalend insert 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.begin insert
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.end insert
The bill would require the ordinance or resolution to include a list of the types ofbegin delete high-visibilityend deletebegin insert tacticalend insert surplus militarybegin delete equipment and the period of time for which the authorization is valid, not to exceed one year.end deletebegin insert 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.end insert 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 ofbegin delete high-visibilityend deletebegin insert tacticalend insert 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 54141 of the Government Code is
2amended to read:
As used in this article:
4(a) “Local agency” means county, city, whether general law or
5chartered, city and county, town, school district, municipal
6corporation, district, political subdivision, or any board,
7commission, or agency thereof, or other local public agency.
8(b) “United States” includes any department, board, or agency
9thereof.
10(c) “State” includes any department or agency thereof.
11(d) “Legislative body” means a legislative body as defined in
12Section 54952.
13(e) (1) “Surplus military equipment” means equipment made
14available to a local agency pursuant to Section 2576a of Title 10
15of the United States Code.
16(2) begin delete“High-visibility end deletebegin insert“Tactical end insertsurplus military equipment” means
17surplus military equipment identified on the list developed and
18maintained by the state coordinator pursuant to subdivision (e) of
19Section 54145.
20(f) “State coordinator” means the state agency that has signed
21a current memorandum of agreement with the federal Defense
22Logistics Agency for the purpose of administering a state
program
23for acquiring surplus military equipment.
Section 54145 is added to the Government Code, to
25read:
(a) A localbegin delete agencyend deletebegin insert agency, other than a local law
27enforcement agency that is directly under the control of an elected
28officer,end insert shall not apply to receivebegin delete high-visibilityend deletebegin insert tacticalend insert surplus
29military equipment unless the legislative body of the local agency
30approves the acquisition ofbegin delete high-visibilityend deletebegin insert
tacticalend insert surplus military
31equipment by ordinance or resolution, pursuant to subdivision (b),
32at a regular meeting held pursuant to the Ralph M. Brown Act
33(Chapter 9 (commencing with Section 54950)).
34(b) The legislative body of a local agency may adopt an
35ordinance or resolution authorizing the local law enforcement
36agency in that jurisdiction to apply forbegin delete high-visibilityend deletebegin insert tacticalend insert
37 surplus military equipment. The ordinance or resolution shall
38includebegin insert comply withend insert both of thebegin delete following:end deletebegin insert
following requirements:end insert
P4 1(1) begin deleteA end deletebegin insertThe ordinance shall include a end insertlist of the types of
2begin delete high-visibilityend deletebegin insert
tacticalend insert
surplus military equipment that the
3legislative body authorizes the local law enforcement agency to
4begin delete acquire.end deletebegin insert acquire, unless the legislative body considers the
5ordinance or resolution at a closed session pursuant to Section
654956.97, in which case the ordinance or resolution shall instead
7state that the local law enforcement agency is authorized to acquire
8tactical surplus military equipment.end insert
9(2) The period of time for which the authorization is valid, not
10to exceed one year.
11(2) The legislative body shall review the ordinance or resolution
12at least annually. During the review, the legislative body shall vote
13on whether to renew the ordinance or resolution authorizing the
14acquisition of tactical surplus military equipment. If the legislative
15body does not approve a renewal pursuant to this paragraph, the
16authorization shall expire.
17(c) This section shall not be construed to require the legislative
18body of a local agency to approve the acquisition of each individual
19item ofbegin delete high-visibilityend deletebegin insert
tacticalend insert surplus military equipment, unless
20specified by the ordinance or resolution adopted pursuant to
21subdivision (b).
22(d) The Legislature finds and declares that this section
23constitutes a matter of statewide concern, and shall apply to charter
24cities and charter counties. The provisions of this section shall
25supersede any inconsistent provisions in the charter of any city,
26county, or city and county.
27(e) (1) The state coordinator, by January 31, 2016, shall develop
28a list ofbegin delete high-visibilityend deletebegin insert tacticalend insert surplus military equipment. The
29list shall
identify surplus military equipment thatbegin delete poses a potential
30negative impact on the community in which it is deployed.end delete
31begin insert warrants public input pursuant to this article.end insert The state coordinator
32shall post this list on its Internet Web site and update it at least
33annually.
34(2) In developing the list required by this subdivision, the state
35coordinator shall consider the current list of controlled property
36designated by the federal Defense Logistics Agency, as well as
37any other state or federal regulations or policies governing the use
38of surplus military equipment.
39(3) The list required by this subdivision shall include, at
40minimum,
the following types of equipment:
P5 1(A) The following types of weapons:
2(i) Firearms and ammunition of .50 caliber or greater.
3(ii) Specialized firearms and ammunition of less than .50 caliber.
4This subparagraph shall not apply to service-issued firearms and
5ammunition.
6(iii) Explosives and pyrotechnics, including flash-bang grenades
7and grenade launchers.
8(iv) Bayonets.
9(B) The following types of vehicles:
10(i) Armored vehicles, whether wheeled or utilizing a track
11system, including mine-resistant ambush protected vehicles and
12armored personnel carriers.
13(ii) Tactical vehicles, including vehicles purpose-built to operate
14on and off road in support of military
operations.
15(iii) Command and control vehicles, including wheeled vehicles
16either purpose-built or modified to facilitate the operational control
17and direction of public safety units responding to an incident.
18(iv) Manned fixed-wing or rotary-wing aircraft.
19(v) Unmanned aerial vehicles.
20(vi) Any weaponized vehicles, vessels, or aircraft.
21(C) The following additional types of equipment:
22(i) Camouflage uniforms.
23(ii) Riot equipment, including batons, helmets, and shields. This
24subparagraph shall not apply to service-issued telescopic or
25fixed-length straight batons.
26(iii) Breaching apparatus, including battering rams or similar
27
entry devices.
28(A) Weapons.
end insertbegin insert29(B) Armored vehicles.
end insertbegin insert30(C) Watercraft.
end insertbegin insert31(D) Aircraft.
end insertbegin insert
32(E) Other tactical equipment as determined by the
state
33coordinator.
34(f) Notwithstanding any other law, a local agency shall not
35apply to receive the following types of surplus military equipment:
36(1) Tracked armored vehicles.
end insertbegin insert37(2) Weaponized vehicles.
end insertbegin insert38(3) Firearms of .50 caliber or greater.
end insertbegin insert39(4) Ammunition of .50 caliber or greater.
end insertbegin insert40(5) Grenade launchers.
end insertbegin insertP6 1(6) Bayonets.
end insertbegin insert2(7) Camouflage uniforms.
end insert
begin insertSection 54956.97 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
4to read:end insert
(a) A legislative body of a local agency may hold
6a closed session for the purpose of considering an ordinance or
7resolution authorizing the acquisition of tactical surplus military
8equipment, as that term is defined in Section 54141, pursuant to
9Section 54145 if the following conditions are met:
10(1) The ordinance or resolution is listed on the agenda of a
11regular meeting pursuant to Section 54954.2.
12(2) A member of the legislative body, during an open session
13of the regular meeting, makes a motion to consider the ordinance
14or resolution at a closed session.
15(3) Two-thirds of the members of the legislative body
concur in
16the motion.
17(4) The closed session complies with the applicable requirements
18of this chapter.
19(b) The types of tactical surplus military equipment that the
20legislative body authorizes at a closed session held pursuant to
21this section shall not be disclosed during an open session.
The Legislature finds and declares that Section 2 of
24this act, which adds Section 54145 to the Government Code,
25furthers, within the meaning of paragraph (7) of subdivision (b)
26of Section 3 of Article I of the California Constitution, the purposes
27of that constitutional section as it relates to the right of public
28access to the meetings of local public bodies or the writings of
29local public officials and local agencies. Pursuant to paragraph (7)
30of subdivision (b) of Section 3 of Article I of the California
31Constitution, the Legislature
makes the following findings:
32Requiring local agencies to hold public meetings prior to the
33acquisition of federal surplus military equipment further exposes
34that activity to public scrutiny and enhances public access to
35information concerning the conduct of the people’s business.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district under this act would result from a legislative mandate that
P7 1is within the scope of paragraph (7) of subdivision (b) of Section
23 of Article I of the California Constitution.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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