REQUEST FOR VETO: AB 3131 (Gloria) Military Equipment

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AB 3131 imposes a rigorous, detailed and annual local mandate associated with acquisition, deployment and use of a specified list of military equipment. Beyond this, the measure appears to contemplate litigation from outside parties over such policies by requiring them to be “legally enforceable.”

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Dear Legislator,

The CITY OF CITY respectfully requests your veto on AB 3131 (Gloria), which imposes a rigorous, detailed and annual local mandate associated with acquisition, deployment and use of a specified list of military equipment. Beyond this, the measure appears to contemplate litigation from outside parties over such policies by requiring them to be “legally enforceable.”

While we respect the concerns of the author and sponsors that law enforcement organizations use surplus military equipment appropriately, the solution proposed by AB 3131 is an excessive overreach by adding detailed processes, annual reports and hearings.  The result is to make the acquisition and continued use of such equipment by local governments so costly, burdensome and mired in bureaucratic process that it will result in a de facto ban.

Access to this specialized surplus equipment by local law enforcement agencies is necessary to better position them to respond to hostage situations, terrorist attacks and other dangers.  Local police departments are already subject to the direct supervision of local elected officials who are accountable to the public.  Moreover, we know of no evidence of widespread abuse of this authority.

By requiring agencies to adopt a retroactive “proposed military use policy” for equipment acquired prior to January 1, 2019, law enforcement agencies will be forced to dedicate staff solely to drafting use policies – and then required annual reports on each piece of equipment, leaving communities unattended and at risk of being victimized by criminals. For small agencies, this will require supervising officers to be removed from patrol in order to draft and approve policies, and issue annual reports.

The requirements in AB 3131 include stopping all collaboration with other law enforcement agencies until each departments’ policies are approved, which is problematic considering the dozens of countywide joint task forces in the state. Additionally, the measure states all policies must be “considered” by local government, making it unclear exactly what type of approval is needed.

While other law enforcement agencies around the country can quickly apply to receive surplus military equipment, AB 3131 will mean that interested California agencies will be stalled and frozen out of the process until they meet, and continue to meet annually, all the requirements of this measure.  Ironically, local agencies could still acquire specialized vehicles and other equipment by paying out of their general funds for equipment they could have received at virtually no cost.

PLEASE CITE SPECIFIC CONCERNS AND HOW YOUR CITY WILL BE AFFECTED BY THIS BILL HERE.

AB 3131 places California law enforcement and the communities they serve at a significant disadvantage when it comes to acquiring equipment necessary to respond to hostage situations, terrorist attacks and other dangerous situations; it also ignores that local police departments are already overseen and accountable to locally elected officials, making such purchasing decisions local matters that are best handled by local governments.

For these reasons, the CITY OF CITY respectfully requests your veto on AB 3131 (Gloria).

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REQUEST FOR VETO: AB 3131 (Gloria) Military Equipment

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