BILL ANALYSIS Ó AB 36 Page 1 GOVERNOR'S VETO AB 36 (Campos) As Enrolled September 14, 2015 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: |56-12 |(May 18, 2015) |SENATE: |33-3 |(September 9, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(September 10, | | | | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 36 Page 2 body of the local agency approves the acquisition at a regular meeting held pursuant to the Ralph M. Brown Act (Brown Act). FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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. AB 36 Page 3 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 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, AB 36 Page 4 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 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 AB 36 Page 5 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, 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." GOVERNOR'S VETO MESSAGE: This bill requires a local agency governing body to hold a public meeting prior to the acquisition of certain surplus military equipment. Transparency is important between law enforcement and the communities they serve, but it must be tempered by security AB 36 Page 6 considerations before revealing law enforcement equipment shortages in a public hearing. This bill fails to strike the proper balance. Moreover, the bill is unnecessary, as President Obama's Executive Order 13688 will implement a similar requirement for governing bodies to grant approval of surplus military equipment. Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0002469