BILL NUMBER: SB 242 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 29, 2015
PASSED THE ASSEMBLY JUNE 25, 2015
AMENDED IN ASSEMBLY JUNE 22, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Monning
FEBRUARY 17, 2015
An act to add Section 38004.5 to the Education Code, relating to
school security.
LEGISLATIVE COUNSEL'S DIGEST
SB 242, Monning. School security: surplus military equipment.
Existing law authorizes the governing board of a school district
to establish a security department under the supervision of a chief
of security, or a police department under the supervision of a school
chief of police.
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 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 require the governing board of a school district
that has established a school police department to prohibit that
school police department from receiving surplus military equipment
pursuant to the above-described federal law unless specified
conditions are satisfied.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38004.5 is added to the Education Code, to
read:
38004.5. The governing board of a school district that
establishes a school police department shall not permit the school
police department to receive surplus military equipment pursuant to
Section 2576a of Title 10 of the United States Code, unless the
governing board of the school district does all of the following:
(a) Votes to approve the acquisition of surplus military equipment
at a regularly scheduled public board meeting.
(b) Provides parents or guardians of pupils, and other members of
the public, a chance to comment at a regularly scheduled public board
meeting on the proposed acquisition of surplus military equipment,
and, clearly and in a manner recognizable to the general public,
identify in the agenda the topic to be discussed at the meeting.
(c) Provides a detailed description of the function and purpose of
the surplus military equipment to be received.
(d) Identifies safe and secure storage for surplus military
equipment to be received by a school police department.
(e) Ensures that peace officers employed by a school police
department possess adequate training in the safe use and handling of
the surplus military equipment to be received.