Attachment 1 - Assembly Bill 481`'•+YV SPATE OF CALIFORNIA I
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division
7 of Title 1 of the Government Code, relating to military equipment.
[Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
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 goveming 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
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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.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our
communities adversely impacts the public's safety and welfare, including
increased risk of civilian deaths, significant risks to civil rights, civil liberties,
and physical and psychological well-being, and incurment of significant
financial costs. Military equipment is more frequently deployed in
low-income Black and Brown communities, meaning the risks and impacts
of police militarization are experienced most acutely in marginalized
communities.
(b) The public has a right to know about any funding, acquisition, or use
of military equipment by state or local government officials, as well as a
right to participate in any government agency's decision to fund, acquire,
or use such equipment.
(c) Decisions regarding whether and how military equipment is funded,
acquired, or used should give strong consideration to the public's welfare,
safety, civil rights, and civil liberties, and should be based on meaningful
public input.
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(d) Legally enforceable safeguards, including transparency, oversight,
and accountability measures, must be in place to protect the public's welfare,
safety, civil rights, and civil liberties before military equipment is funded,
acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military
equipment jeopardizes the relationship police have with the community,
which can be undermined when law enforcement is seen as an occupying
force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY
EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law
enforcement agency or, if there is no elected body that directly oversees the
law enforcement agency, the appointed body that oversees a law enforcement
agency. In the case of a law enforcement agency of a county, including a
sheriff's department or a district attomey's office, "governing body" means
the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit
agency, school district, or any campus of the University of California, the
California State University, or California Community Colleges.
(2) A sheriff's department.
(3) A district attomey's office.
(4) A county probation department.
(c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine -resistant ambush protected (MRAP) vehicles or armored
personnel carriers. However, police versions of standard consumer vehicles
are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (II MWV), commonly
referred to as Humvees, two and one -half -ton trucks, five -ton trucks, or
wheeled vehicles that have a breaching or entry apparatus attached. However,
unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are
specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their
occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to
facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) Battering rams, slugs, and breaching apparatuses that are explosive
in nature. However, items designed to remove a lock, such as bolt cutters,
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or a handheld ram designed to be operated by one person, are specifically
excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns
are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun
ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber,
including assault weapons as defined in Sections 30510 and 30515 of the
Penal Code, with the exception of standard issue service weapons and
ammunition of less than .50 caliber that are issued to officers, agents, or
employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive
projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas,"
and "pepper balls," excluding standard, service -issued handheld pepper
spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the
Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated
munitions: 40mm projectile launchers, "bean bag," rubber bullet, and
specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a goveming body or a state
agency to require additional oversight_
(16) Notwithstanding paragraphs (1) through (15), "military equipment"
does not include general equipment not designated as prohibited or controlled
by the federal Defense Logistics Agency.
(d) "Military equipment use policy" means a publicly released, written
document governing the use of military equipment by a law enforcement
agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought,
its capabilities, expected lifespan, and product descriptions from the
manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement
agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the
initial costs of obtaining the equipment and estimated annual costs of
maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on
Peace Officer Standards and Training, that must be completed before any
officer, agent, or employee of the law enforcement agency or the state agency
is allowed to use each specific type of military equipment to ensure the full
protection of the public's welfare, safety, civil rights, and civil liberties and
full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment
use policy, including which independent persons or entities have oversight
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authority, and, if applicable, what legally enforceable sanctions are put in
place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of
the public may register complaints or concerns or submit questions about
the use of each specific type of military equipment, and how the law
enforcement agency will ensure that each complaint, concern, or question
receives a response in a timely manner.
(e) "State agency" means the law enforcement division of every state
office, officer, department, division, bureau, board, and commission or other
state body or agency, except those agencies provided for in Article IV
(except Section 20 thereof) or Article VI of the California Constitution.
(f) "Type" means each item that shares the same manufacturer model
number.
7071. (a) (1) A law enforcement agency shall obtain approval of the
governing body, by an ordinance adopting a military equipment use policy
at a regular meeting of the governing body held pursuant to the
Bagley -Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), as applicable, prior to engaging in any of the
following:
(A) Requesting military equipment made available pursuant to Section
2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to,
applying for a grant, soliciting or accepting private, local, state, or federal
funds, in -kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily,
including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment
or other use of military equipment within the territorial jurisdiction of the
governing body.
(E) Using any new or existing military equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an
agreement with, any other person or entity to seek funds for, apply to receive,
acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by
this paragraph.
(2) No I.1 a t than May 1, 2022, a law enforcement agency seeking to
continue the use of any military equipment that was acquired prior to January
1, 2022, shall commence a governing body approval process in accordance
with this section. If the governing body does not approve the continuing
use of military equipment, including by adoption pursuant to this subdivision
of a military equipment use policy submitted pursuant to subdivision (b),
within 180 days of submission of the proposed military equipment use policy
to the governing body, the law enforcement agency shall cease its use of
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the military equipment until it receives the approval of the governing body
in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision
(a), a law enforcement agency shall submit a proposed military equipment
use policy to the governing body and make those documents available on
the law enforcement agency's intemet website at least 30 days prior to any
public hearing concerning the military equipment at issue.
(c) The governing body shall consider a proposed military equipment
use policy as an agenda item for an open session of a regular meeting and
provide for public comment in accordance with the Bagley -Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5), as
applicable.
(d) (1) The governing body shall only approve a military equipment use
policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable
alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the
public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost
effective compared to available alternatives that can achieve the same
objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment
use policy that was in effect at the time, or if prior uses did not comply with
the accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military
equipment use policy shall be made publicly available on the internet website
of the relevant law enforcement agency for as long as the military equipment
is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted
pursuant to this section approving the funding, acquisition, or use of military
equipment at least annually and, subject to paragraph (2), vote on whether
to renew the ordinance at a regular meeting held pursuant to the
Bagley -Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military
equipment report submitted pursuant to Section 7072, whether each type
of military equipment identified in that report has complied with the
standards for approval set forth in subdivision (d). If the governing body
determines that a type of military equipment identified in that annual military
equipment report has not complied with the standards for approval set forth
in subdivision (d), the governing body shall either disapprove a renewal of
the authorization for that type of military equipment or require modifications
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to the military equipment use policy in a manner that will resolve the lack
of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts
with another entity for law enforcement services, the city shall have the
authority to adopt a military equipment use policy based on local community
needs.
7072. (a) A law enforcement agency that receives approval for a military
equipment use policy pursuant to Section 7071 shall submit to the governing
body an annual military equipment report for each type of military equipment
approved by the governing body within one year of approval, and annually
thereafter for as long as the military equipment is available for use. The law
enforcement agency shall also make each annual military equipment report
required by this section publicly available on its intemet website for as long
as the military equipment is available for use. The annual military equipment
report shall, at a minimum, include the following information for the
immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose
of its use.
(2) A summary of any complaints or concerns received concerning the
military equipment.
(3) The results of any internal audits, any information about violations
of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including
acquisition, personnel, training, transportation, maintenance, storage,
upgrade, and other ongoing costs, and from what source funds will be
provided for the military equipment in the calendar year following
submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military
equipment in the next year, the quantity sought for each type of military
equipment.
(b) Within 30 days of submitting and publicly releasing an annual military
equipment report pursuant to this section, the taw enforcement agency shall
hold at least one well -publicized and conveniently located community
engagement meeting, at which the general public may discuss and ask
questions regarding the annual military equipment report and the law
enforcement agency's funding, acquisition, or use of military equipment.
7073. (a) A state agency shall create a military equipment use policy
prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section
2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to,
applying for a grant, soliciting or accepting private, local, state, or federal
funds, in -kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily,
including by borrowing or leasing.
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(4) Collaborating with a law enforcement agency or another state agency
in the deployment or other use of military equipment within the territorial
jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an
agreement with, any other person or entity to seek funds for, or to apply to
receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by
this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use
of any military equipment that was acquired prior to January 1, 2022, shall
create a military equipment use policy.
(c) A state agency that is required to create a military equipment use
policy pursuant to this section shall do both of the following within 180
days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet
website.
(2) Provide a copy of the military equipment use policy to the Governor
or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight
of the acquisition and use of military equipment is a matter of statewide
concern rather than a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this chapter applies to
all cities, including charter cities and shall supersede any inconsistent
provisions in the charter of any city, county, or city and county.
7075. Nothing in this chapter shall 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.
SEC. 3. The Legislature finds and declares that Section 1 of this act,
which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of
Title 1 of 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 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
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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.
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