Amended in Senate September 4, 2015

Amended in Senate August 24, 2015

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 begin delete Sections end delete begin insert Section end insert 54145 begin delete and 54956.97 end delete 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. begin delete 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. end delete 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. begin delete 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 delete The bill would require the ordinance or resolution to include a list of the types of tactical surplus military begin delete 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, end delete begin insert equipment end insert 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 begin delete include end delete 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 begin delete 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. end delete
begin insert acquire. end insert

(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.

begin delete

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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 4. end 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 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.