California 2017-2018 Regular Session Status: To Executive

AB 3131 — Law enforcement agencies: military equipment: funding, acquisition, and use.

Last action — Vetoed by Governor.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 state and local entities, to publish a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also impose similar publishing requirements for the continued use of military equipment acquired prior to January 1, 2019. The bill would require that the governing body of a law enforcement agency consider a proposed military equipment use policy at a regular meeting held pursuant to specified open meeting laws. The bill would also require that a law enforcement agency prepare and make public an annual report for each piece of military equipment for as long as the military equipment is in use and to hold a community engagement meeting within 30 days of the public release of that report, as provided. The bill would require the state agency that has signed a current memorandum of agreement with the federal Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment, pursuant to specified federal law, to develop by January 31, 2019, and annually update a list of military equipment, as specified, and post the list on its Internet Web site. The 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 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 the statutory provisions noted above.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 36. Page 7018.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 16. Page 5981.).

  6. Read second time. Ordered to third reading.

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

  8. Read second time. Ordered to third reading.

  9. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 27).

  12. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 5. Noes 2.) (June 19). Re-referred to Com. on GOV. & F.

  13. Referred to Coms. on PUB. S. and GOV. & F.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 34. Page 5632.)

  16. Read third time and amended. Ordered to third reading. (Ayes 49. Noes 26. Page 5382.)

  17. Assembly Rule 69(b) suspended. (Ayes 52. Noes 23. Page 5365.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 11. Noes 5.) (May 23).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 24). Re-referred to Com. on APPR.

  21. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 6. Noes 3.) (April 18). Re-referred to Com. on PUB. S.

  22. Re-referred to Com. on L. GOV.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  24. Referred to Coms. on L. GOV. and PUB. S.

  25. From printer. May be heard in committee March 19.

  26. Read first time. To print.

Sponsors

  • Chiu · Cosponsor
  • Gloria · Primary
  • Hill · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 17 voted No

Sponsors (1)

  • Gloria

Co-sponsors (2)

  • Chiu
  • Hill

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 3131 GLORIA Concurrence in Senate Amendments

Passed 42 Yea · 36 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 322600
Democratic 10402
Republican 0600
Total 423602
% of votes cast 53%45%0%3%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Kiley — Nay
Levine — Yea
Low — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Nay
Waldron — Nay
Weber — Yea
Eggman — Yea
Cunningham — Nay
Daly — Nay
Friedman — Yea
Gloria — Yea
Chiu — Yea
Jones-Sawyer — Yea
Rivas — Yea
Rubio — Yea
Chu — Yea
Thurmond — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Frazier — Nay
Harper — Nay
Kamlager-Dove — Yea
Salas — Nay
Fong — Nay
Gray — Nay
Maienschein — Nay
Mathis — Nay
Mayes — Nay
Chau — Yea
McCarty — Yea
Medina — Yea
Baker — Nay
Chávez — Nay
Cooley — Nay
Cooper — Nay
O'Donnell — Nay
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Voepel — Nay
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB3131 Gloria et al. By Hill

Passed 22 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 191402
Democratic 3200
Total 221602
% of votes cast 55%40%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Leyva — Yea
Monning — Yea
Nielsen — Nay
Roth — Not Voting
Wilk — Nay
Delgado — Yea
Galgiani — Nay
Fuller — Nay
Glazer — Nay
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Allen — Yea
De León — Yea
Cannella — Nay
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Lara — Yea
Chang — Nay
Bates — Nay
Beall — Yea
Dodd — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Nay
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3131 GLORIA Assembly Third Reading

Passed 41 Yea · 34 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 312501
Democratic 10302
Republican 0600
Total 413403
% of votes cast 53%44%0%4%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Maienschein — Not Voting
Mathis — Nay
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Steinorth — Nay
Thurmond — Yea
Wood — Yea
Eggman — Yea
Chu — Yea
Cooley — Nay
Cunningham — Nay
Daly — Nay
Frazier — Nay
Chiu — Yea
Gloria — Yea
Holden — Yea
Rubio — Yea
Friedman — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Kiley — Nay
Salas — Nay
Fong — Nay
Gray — Nay
Levine — Yea
Low — Yea
Mayes — Nay
McCarty — Yea
Baker — Nay
Chau — Yea
Chávez — Nay
Cooper — Nay
Medina — Yea
Melendez — Nay
O'Donnell — Nay
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Waldron — Nay
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

AB 3131 GLORIA Assembly Third Reading Amend By GLORIA Set #1

Passed 49 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 12102
Unaffiliated 371901
Republican 0600
Total 492603
% of votes cast 63%33%0%4%
How each member voted (78)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Kamlager-Dove — Yea
Mathis — Nay
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Steinorth — Nay
Eggman — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Frazier — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Levine — Yea
Low — Yea
Maienschein — Nay
Gray — Yea
Burke — Yea
Gonzalez Fletcher — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Mullin — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Nay
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Voepel — Nay
Weber — Yea
Wood — Yea
Fong — Nay
Salas — Not Voting
Chávez — Nay
Harper — Nay
Kiley — Nay
Mayes — Nay
Waldron — Nay
Acosta — Nay
Baker — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9400
Democratic 2001
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Mathis — Nay
Quirk — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Bigelow — Nay
Chau — Yea
Nazarian — Yea
Obernolte — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Public Safety]

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 3200
Republican 0100
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Bloom — Yea
Voepel — Nay
Waldron — Nay
Cooley — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 3131 do?
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 state and local entities, to publish a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also impose similar publishing requirements for the continued use of military equipment acquired prior to January 1, 2019. The bill would require that the governing body of a law enforcement agency consider a proposed military equipment use policy at a regular meeting held pursuant to specified open meeting laws. The bill would also require that a law enforcement agency prepare and make public an annual report for each piece of military equipment for as long as the military equipment is in use and to hold a community engagement meeting within 30 days of the public release of that report, as provided. The bill would require the state agency that has signed a current memorandum of agreement with the federal Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment, pursuant to specified federal law, to develop by January 31, 2019, and annually update a list of military equipment, as specified, and post the list on its Internet Web site. The 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 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 the statutory provisions noted above.
Who sponsors AB 3131?
AB 3131 is sponsored by Chiu, Gloria, and Hill.
What is the current status of AB 3131?
This bill died with 2017-2018 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 3131?
Track AB 3131 free on One Click Politics — get push/email alerts when it moves.

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