Bill Text: CA AB36 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: federal surplus property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB36 Detail]

Download: California-2015-AB36-Introduced.html

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BILL NUMBER: AB 36	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        DECEMBER 1, 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, as introduced, 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 law, the Ralph M. Brown
Act, requires that all meetings of a legislative body, as defined,
of a local agency be open and public and all persons permitted to
attend unless a closed session is authorized. 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 from receiving surplus
military equipment pursuant to the above-described federal law unless
the legislative body of the local agency votes to approve the
acquisition at a public meeting. The bill would also declare that
this is a matter of statewide concern.
   By adding to the duties of local government officials, this bill
would impose a state-mandated local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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,  or public district.   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. 
  SEC. 2.  Section 54145 is added to the Government Code, to read:
   54145.  (a) A local agency shall not receive surplus military
equipment pursuant to Section 2576a of Title 10 of the United States
Code unless the legislative body of the local agency approves the
acquisition at a meeting held pursuant to the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950)).
   (b) 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.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.