Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy

 Assembly Bill 481 was presented by the California State Legislature to allow community input and approval of the funding, acquisition, and use of military equipment by law enforcement agencies in this state. AB 481 requires all California law enforcement agencies 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 full text of AB 481 is available on the City of Tulare website.

AB 481 was signed into law by Governor Newsom on September 30, 2021, with an effective date of January 1, 2022.

 As a new law, AB 481 (codified under California Government Code 7070) requires the Tulare Police Department to receive City Council approval, in the form of a Municipal Ordinance and approval of the Tulare Police Department Military Equipment Use Policy. This approval, once obtained, would allow the Tulare Police Department to continue to use military equipment as described in AB 481 which was acquired by the Tulare Police Department prior to January 1, 2022. If passed by the City Council, AB 481 would then require the Tulare Police Department to seek annual renewal of this City Council approval.

 Annual renewal by May of 2023, would require the Tulare Police Department to solicit community input on the use of military equipment through public meetings, reviewing any complaints or concerns received in the prior year regarding military equipment, a review of any field applications of military equipment by the Patrol Division Commander, a current inventory of all equipment, and other requirements pursuant to AB 481. This information will be presented in the form of an Annual Report to Council. Approval of this Report would allow the Tulare Police Department to continue to use of AB 481 military equipment in accordance with the Tulare Municipal Code requirements.

 AB 481 Definition of Military Equipment (California Government Code 7070)

AB 481, as codified under California Government Code section 7070, defines the following 15 categories of items as military equipment:

 Category 1: • Unmanned, remotely piloted, powered aerial or ground vehicles.

Category 2: Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

 Category 3: High mobility multipurpose wheeled vehicles (HMMWV), 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. Tulare PD does not have or utilize this equipment type.

 Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. Tulare PD does not have or utilize this equipment type.

Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Category 6: Weaponized aircraft, vessels, or vehicles of any kind. Tulare PD does not have or utilize this equipment type.

Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. Tulare PD does not have or utilize this equipment type. •

Category 8: Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. Tulare PD does not have or utilize this equipment type.

Category 9: Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. Tulare PD does not have or utilize this equipment type.

Category 10: Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in § 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 state agency.

 Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.

Category 12: “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepperballs,” excluding standard, service-issued handheld pepper spray.

Category 13: Taser Shockwave, microwave weapons, water cannons, and Long Range Acoustic Devices (LRADs). Tulare PD does not have or utilize this equipment type.

Category 14: The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.

The Tulare Police Department currently utilizes AB 481 defined Military Equipment that meets the criteria for 10 of the 15 categories (categories 1, 2, 5, 10, 11, 12, 14 and 15). The specifications of each category including a complete inventory of this equipment utilized by the Tulare Police Department is contained on this website for public review.

 Steps taken to comply with AB 481

AB 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in a public forum to continue the use of previously acquired equipment. In full transparency, the Tulare Police Department has posted several items on the City of Tulare website, 30 days prior to City Council action including the full text of AB 481, the Tulare Police Department Draft Policy 708 which outlines the department’s policy for the Funding, Acquisition and Use of Military Equipment, and the current inventory of all military equipment as listed pursuant to AB 481. Please Click HERE for Tulare Police Department Draft Policy.

Public Input Regarding AB 481

The Tulare Police Department has a well-established means for the public to submit questions, comments, and concerns in a variety of ways. Any community member wishing to submit a question or complaint with regards to the Tulare Police Department’s use of military equipment or the draft Military Equipment Use Policy may do so in person, online, by email or by phone.

The Staff Report and proposed Ordinance is planned for consideration on June 7, 2022 at a regular session City Council meeting at 475 N “M” Street, Tulare CA 93274.  Public comment is available.

Public comment in person can also be made at the following location prior to the scheduled council meeting at the below locations:

• Tulare Police Headquarters, 260 S M Tulare Ca. 93274

• Tulare City Hall, City Manager’s Office 411 E Kern, Tulare, Ca 93274

Members of the public may also make comments on AB 481, the Municipal Ordinance by contacting Lt. Jon Hamlin at 559-685-2300

Free viewers are required for some of the attached documents.
They can be downloaded by clicking on the icons below.

Acrobat Reader Windows Media Player Word Viewer Excel Viewer PowerPoint Viewer