California 2015-2016 Regular Session Status: To Executive

AB 36 — Local government: federal surplus property.

Last action — Consideration of Governor's veto stricken from file.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3071.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 3. Page 2625.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Ordered to third reading.

  10. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  11. In Senate. Held at Desk.

  12. Ordered to the Senate.

  13. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  14. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 4. Page 2390.).

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Read second time. Ordered to third reading.

  18. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 1). Re-referred to Com. on APPR.

  20. 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.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Referred to Com. on GOV. & F.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 12. Page 1485.)

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 16. Noes 1.) (May 13).

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22).

  30. Referred to Com. on L. GOV.

  31. From printer. May be heard in committee January 1.

  32. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Campos

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 36 CAMPOS Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 4001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Lopez — Yea
Campos — Yea
Holden — Yea
Cooper — Not Voting
Mullin — Yea
Quirk — Yea
Burke — Yea
Chang — Yea
Salas — Yea
Gatto — Yea
Gordon — Yea
Harper — Yea
Jones-Sawyer — Yea
Kim — Yea
Chau — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
Gray — Yea
McCarty — Yea
Medina — Yea
Atkins — Yea
Chiu — Yea
Bonilla — Yea
Alejo — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB36 Campos By Leno

Passed 33 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31303
Democratic 2001
Total 33304
% of votes cast 83%8%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Huff — Nay
Leno — Yea
Roth — Yea
Wolk — Yea
Galgiani — Yea
Cannella — Yea
Fuller — Yea
Mitchell — Yea
Hill — Yea
Lara — Yea
Pan — Yea
De León — Yea
Runner — Yea
Glazer — Nay
Hancock — Yea
Block — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Vidak — Yea
Wieckowski — Yea
Allen — Not Voting
Hernandez — Not Voting
Hertzberg — Not Voting
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Not Voting
Nguyen, Stephanie Democratic Yea

Official roll call →

3rd Reading AB36 Campos By Leno

Passed 32 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 29404
Democratic 3000
Total 32404
% of votes cast 80%10%0%10%
How each member voted (40)
Member Party Vote
Block — Yea
Leno — Yea
Pan — Not Voting
Galgiani — Yea
Fuller — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
Hall — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hancock — Yea
Hertzberg — Not Voting
Anderson — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Hernandez — Not Voting
Wieckowski — Not Voting
Beth Gaines — Nay
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 36 CAMPOS Assembly Third Reading

Passed 56 Yea · 12 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 528010
Democratic 3100
Republican 1302
Total 5612012
% of votes cast 70%15%0%15%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Maienschein — Yea
Mathis — Not Voting
Mullin — Not Voting
Obernolte — Yea
Perea — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Wagner — Nay
Williams — Not Voting
Eggman — Yea
Cooper — Nay
Salas — Yea
Gatto — Yea
Gordon — Yea
Harper — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Not Voting
Linder — Yea
Low — Yea
Atkins — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Melendez — Not Voting
Gray — Nay
Bonilla — Not Voting
Nazarian — Yea
Campos — Yea
Baker — Nay
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
O'Donnell — Not Voting
Olsen — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Nay
Wood — Yea
Frazier — Yea
Gomez — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 1100
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Holden — Yea
Quirk — Yea
Eggman — Yea
Chang — Yea
Gomez — Yea
Daly — Yea
Bigelow — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 36 do?
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.
Who sponsors AB 36?
AB 36 is sponsored by Campos.
What is the current status of AB 36?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 36?
Track AB 36 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 36

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 36

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →