BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 36


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          36 (Campos)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  |56-12 |(May 18, 2015) |SENATE: |33-3  |(September 9,    |
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          Original Committee Reference:  L. GOV.




          SUMMARY:  Prohibits local agencies, except local law enforcement  
          agencies that are directly under the control of an elected  
          officer, from applying to receive specified surplus military  
          equipment from the federal government, unless the legislative  
          body of the local agency approves the acquisition at a regular  
          meeting held pursuant to the Ralph M. Brown Act (Brown Act).  


          The Senate amendments:


          1)Exempt a local law enforcement agency that is directly under  
            the control of an elected officer from this bill's provisions.


          2)Specify that a local agency, except a local law enforcement  








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            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 3) below, at  
            a regular meeting held pursuant to the Brown Act.


          3)Allow the legislative body of a local agency to adopt an  
            ordinance or resolution authorizing the local law enforcement  
            agency in that jurisdiction to apply for tactical surplus  
            military equipment, and require the ordinance or resolution to  
            comply with both of the following requirements:


             a)   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; and,


             b)   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 bill, the  
               authorization shall expire.


          4)Provide that this bill 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 this bill.


          5)Require the state coordinator, by January 31, 2016, to develop  
            a list of tactical surplus military equipment.  The list shall  
            identify surplus military equipment that warrants public input  
            pursuant to this bill.  The state coordinator shall post this  
            list on its Internet Web site and update it at least annually.








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          6)Require the state coordinator, in developing the list required  
            by this bill, to consider the current list of controlled  
            property designated by the federal Defense Logistics Agency  
            (DLA), as well as any other state or federal regulations or  
            policies governing the use of surplus military equipment.


          7)Require the list required by this bill to include, at minimum,  
            the following types of equipment: weapons; armored vehicles;  
            watercraft; aircraft; and, other tactical equipment as  
            determined by the state coordinator.


          8)Provide that, notwithstanding any other law, a local agency  
            shall not apply to receive the following types of surplus  
            military equipment: tracked armored vehicles; weaponized  
            vehicles; firearms of 0.50 caliber or greater; ammunition of  
            0.50 caliber or greater; grenade launchers; bayonets; and,  
            camouflage uniforms.


          9)Provide the following definitions:


             a)   "Surplus military equipment" means equipment made  
               available to a local agency pursuant to United States Code  
               Title 10, Section 2576a;


             b)   "Tactical surplus military equipment" means surplus  
               military equipment identified on the list developed and  
               maintained by the state coordinator pursuant to 5) and 6)  
               above; and,


             c)   "State coordinator" means the state agency that has  
               signed a current memorandum of agreement with the federal  
               DLA for the purpose of administering a state program for  
               acquiring surplus military equipment.









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          EXISTING LAW:  


          1)Requires, pursuant to the Brown Act, all meetings of a  
            legislative body of a local agency to be open and public and  
            all persons permitted to attend, as specified, unless a closed  
            session is authorized.


          2)Authorizes closed sessions under the Brown Act for limited  
            purposes, including the discussion of litigation, real estate  
            negotiations, personnel matters, some aspects of labor  
            negotiations, matters posing a threat to public security, and  
            other specified items.


          3)Authorizes the Department of Defense (DOD), pursuant to United  
            States Code Title 10, Section 2576a, 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 program is commonly referred to as the 1033  
            Program.


          4)Allows, pursuant to California's Federal Surplus Property Law,  
            a local agency, as defined, to acquire surplus federal  
            property without regard to any law that requires posting of  
            notices or advertising for bids, inviting or receiving bids,  
            delivery of purchases before payment, or that prevents the  
            local agency from bidding on federal surplus property. 


          5)Defines "local agency" as used in California's Federal Surplus  
            Property Law to mean county, city, municipal corporation, or  
            public district.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.









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          COMMENTS:  


          1)Bill Summary.  This bill makes a number of changes to  
            California's Federal Surplus Property Law, which governs the  
            receipt of surplus military equipment under the federal 1033  
            Program.  Among its many provisions, this bill prohibits local  
            agencies, except local law enforcement agencies that are  
            directly under the control of an elected officer, from  
            applying to receive tactical surplus military equipment from  
            the 1033 Program, unless the acquisition is approved by  
            ordinance or resolution at a regular meeting held pursuant to  
            the Brown Act.


            This bill requires the state coordinator, as defined, to  
            develop a list of tactical surplus military equipment, which  
            must include specified types of equipment and be posted on the  
            state coordinator's Web site, as specified. 


            This bill updates the Federal Surplus Property Law's  
            definition of "local agency" to include a 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.  All of these entities (except for  
            sheriff's departments) would be subject to these provisions of  
            this bill.  


            This bill also prohibits any local agency from applying to  
            receive the following types of surplus military equipment:  
            tracked armored vehicles; weaponized vehicles; firearms of .50  
            caliber or greater; ammunition of .50 caliber or greater;  
            grenade launchers; bayonets; and, camouflage uniforms.


            This bill declares that it constitutes a matter of statewide  
            concern, that it shall apply to charter cities and charter  
            counties, and that its provisions shall supersede any  








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            inconsistent provisions in the charter of any city, county, or  
            city and county.  This bill is sponsored by the author.


          2)Author's Statement.  According to the author, "Due to recent  
            events of police brutality, distrust between law enforcement  
            and many of our communities remains at an all-time high.   
            Further exacerbating the issue is the recent militarization of  
            law enforcement agencies and a movement away from community  
            policing across the nation.


            "Amid a national debate over the militarization of police, the  
            San Jose Police Department acquired a 15-ton armored vehicle  
            earlier this year from the military surplus program.  After  
            receiving community input that the armored vehicle was  
            damaging the trust that a decade of community policing had  
            created, the San Jose Police Department decided to return the  
            vehicle.  In a separate case, in Ferguson, Missouri, the  
            mine-resistant, ambush-protected troop transport, or  
            Mine-Resistant Ambush Protected Vehicle (MRAP), became a focus  
            for debate after this military surplus vehicle and other  
            military equipment were used by local law enforcement to  
            respond to civil unrest over the police killing of unarmed  
            teenager Michael Brown.


            "These are only a few cases where the public felt threatened  
            by military equipment in their communities.  In both cases,  
            the communities involved did not have the opportunity to weigh  
            in before the military equipment was acquired.  These  
            situations hurt our most underserved communities by  
            exacerbating their relationship with the police and  
            government.  


            "Unilateral decisions by law enforcement agencies to acquire  
            military equipment provide little or no opportunity for  
            community input.  Most law enforcement agencies are not  
            required to engage in a public process that involves public  
            debate about equipment purchases.  This results in an  
            inherently skewed decision-making process about what someone's  








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            community will look like.  AB 36 helps address this issue by  
            prohibiting a public safety agency from receiving and buying  
            surplus military equipment unless the legislative body of the  
            local agency votes to approve the purchase at a public  
            meeting." 


          3)Related Legislation.  SB 242 (Monning), Chapter 79, Statutes  
            of 2015, requires a school district's police department to  
            obtain approval from its governing board prior to receiving  
            federal surplus military equipment.  


          4)Arguments in Support.  The California State Conference of the  
            National Association for the Advancement of Colored People, in  
            support, states "Law enforcement agencies unilateral decisions  
            to acquire military grade equipment provide little or no  
            opportunity for community input as most law enforcement  
            agencies are not required to engage in a public process that  
            involves public debate about equipment purchases.  Local  
            communities must be able to discuss the acquisition of  
            military equipment and decide whether there is a real need for  
            it before it becomes present in their everyday lives.  


            "AB 36 is good public safety policy in that it would require  
            local agencies to have a hearing conducted by a governing body  
            in the community regarding the necessity of military weapons  
            in their community and would require a vote for approval of  
            military grade weapons."


          5)Arguments in Opposition.  The League of California Cities,  
            California Police Chiefs Association, California Colleges and  
            University Police Chiefs Association, California Narcotics  
            Officers Association, and California Association of Code  
            Enforcement Officers, in opposition, write, "In a free  
            society, keeping local police agencies accountable is  
            critical.  Transparency in connection with their acquisition  
            of military equipment is equally critical.  But transparency  
            must be tempered by the security considerations associated  
            with equipment designed to counter well-armed criminal acts,  








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            or to enhance local first response capability in the event of  
            a terrorist attack.  Making decisions about such equipment in  
            an open meeting should be at the discretion of the local  
            governing body.  This was the sole motivation for the closed  
            session amendment (in the prior version of the bill).


            "As amended, AB 36 represents an irresponsible approach to a  
            vitally important matter which stands to adversely affect the  
            safety of all of the heavily populated communities in  
            California."


          Analysis Prepared by:                                             
                          Angela Mapp / L. GOV. / (916) 319-3958  FN:  
          0002256