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AB-36 Local government: federal surplus property.(2015-2016)

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AB36:v94#DOCUMENT

Enrolled  September 14, 2015
Passed  IN  Senate  September 09, 2015
Passed  IN  Assembly  September 10, 2015
Amended  IN  Senate  September 04, 2015
Amended  IN  Senate  August 24, 2015
Amended  IN  Senate  June 24, 2015
Amended  IN  Assembly  April 27, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 36


Introduced by Assembly Member Campos

December 01, 2014


An act to amend Section 54141 of, and to add Section 54145 to, the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 36, 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 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. The bill would require the ordinance or resolution to include a list of the types of 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. 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   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 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 acquire.
(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.

SEC. 3.

 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.

SEC. 4.

 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.