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.