New Jersey S 1418: Requires AG oversight of transfer of federal surplus military equipment to local law enforcement agencies; establishes review and reporting requirement.

Bill Text

SENATE, No. 1418

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED FEBRUARY 10, 2022

Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)

SYNOPSIS
Requires AG oversight of transfer of federal surplus military equipment to
local law enforcement agencies; establishes review and reporting requirement.

CURRENT VERSION OF TEXT
As introduced.

S1418 GILL
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AN ACT concerning surplus federal government military equipment 1
transferred to local law enforcement agencies and supplementing 2
Title 52 of the Revised Statutes. 3
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BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
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1. a. The Attorney General shall direct the Office of 8
Emergency Management to review the transfer of military 9
equipment made available to law enforcement agencies in this State 10
pursuant to the provisions of 10 U.S.C. s.2576a. The review shall 11
include, but not be limited to, a historical overview of the operation 12
of this federal program in this State and an analysis of the current 13
policies on the distribution of equipment and whether this 14
distribution correlates to the needs of the requesting law 15
enforcement agency. Based on the findings of this review, the 16
Attorney General, in consultation with the Superintendent of State 17
Police, the Director of the Division of Criminal Justice, and the 18
county prosecutors, shall determine if applicable policies, 19
procedures, and guidelines currently governing the program should 20
be revised. 21
b. Notwithstanding the appointment of the Office of 22
Emergency Management as state coordinator for the transfer of 23
military equipment pursuant to the provisions of 10 U.S.C. s.2576a, 24
the Attorney General shall directly oversee the transfer of military 25
equipment made available to law enforcement agencies under the 26
federal program. The Attorney General shall approve each 27
individual equipment transfer to a law enforcement agency. 28
Approval of a transfer shall be based on criteria developed by the 29
Attorney General which shall include, but not be limited to: 30
(1) a showing of a demonstrated need for the equipment by the 31
local law enforcement agency; 32
(2) a determination of whether specialized training is necessary 33
for safe usage of the equipment; and 34
(3) equipment storage and maintenance requirements. 35
c. The Attorney General shall annually report to the Governor 36
and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1), to the 37
President of the Senate and the Speaker of the General Assembly 38
the number of equipment transfers that were made, specifically 39
identifying each law enforcement agency which received the 40
equipment, the exact equipment received, and the purposes for 41
which the equipment will be used. If the State is suspended from 42
the program, the report also shall include the dates of and basis for 43
the suspension. 44
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2. The Attorney General shall promulgate regulations pursuant 46
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-47
1 et seq.), as are necessary to effectuate the provisions of this act. 48

S1418 GILL
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3. This act shall take effect on the first day of the fourth month 1
next following the date of enactment. 2
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STATEMENT 5
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This bill requires the Attorney General to direct the Office of 7
Emergency Management to review the transfer of surplus military 8
equipment to law enforcement agencies in this State under a federal 9
Department of Defense program commonly referred to as the “1033 10
program.” The review required by the bill is to include a historical 11
overview of the operation of the federal program in this State and 12
an analysis of the current policies on the distribution of equipment 13
and whether this distribution correlates to the needs of the 14
requesting law enforcement agency. Based on the review, the 15
Attorney General is to consult with the Superintendent of State 16
Police, the Director of the Division of Criminal Justice, and the 17
county prosecutors to determine if applicable policies, procedures, 18
and guidelines currently governing the program should be revised. 19
The bill also requires the Attorney General to directly oversee 20
the transfer of surplus federal military equipment to county and 21
municipal law enforcement agencies in this State. Approval is to be 22
based on criteria developed by the Attorney General, such as 23
whether there is a need for the equipment by the local law 24
enforcement agency; whether specialized training is necessary for 25
safe usage of the equipment; and the extent of equipment storage 26
and maintenance requirements. 27
The bill also requires the Attorney General to submit to the 28
Governor and the Legislature annual reports detailing these 29
transfers, as well as State suspensions from the program. 30
Federal law authorizes the transfer of military equipment held by 31
the Department of Defense that otherwise might be destroyed, free-32
of-charge, to law enforcement age