David Chiu
- Democratic
Author
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. 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, or delivery of purchases before payment, or which 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 a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, 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.
Chaptered by Secretary of State - Chapter 406, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 11. Page 2583.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 25. Page 3076.).
Assembly Rule 63 suspended. (Page 3063.)
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 8).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 4. Noes 1. Page 1721.) (June 29). Re-referred to Com. on GOV. & F.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 22. Page 1763.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 27). Re-referred to Com. on APPR.
Coauthors revised.
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 5. Noes 2.) (March 24). Re-referred to Com. on PUB. S.
From printer. May be heard in committee March 11.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB481 | HTML |
| 02/08/21 - Introduced | |
| 05/24/21 - Amended Assembly | |
| 06/30/21 - Amended Senate | |
| 07/13/21 - Amended Senate | |
| 08/26/21 - Amended Senate | |
| 09/03/21 - Amended Senate | |
| 09/13/21 - Enrolled | |
| 09/30/21 - Chaptered |
| Document | Format |
|---|---|
| 03/23/21- Assembly Local Government | |
| 04/26/21- Assembly Public Safety | |
| 05/10/21- Assembly Appropriations | |
| 05/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/27/21- Senate Public Safety | |
| 07/05/21- Senate Governance and Finance | |
| 08/13/21- Senate Appropriations | |
| 08/26/21- Senate Appropriations | |
| 08/31/21- Sen. Floor Analyses | |
| 09/07/21- Sen. Floor Analyses | |
| 09/09/21- ASSEMBLY FLOOR ANALYSIS |
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