Health and Safety Code — Part 51 | HSC — United States — California law | Esheria

Health and Safety Code

Part 51 of 87 · provisions 10,001–10,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 19891.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Automatic Garage Door Openers [19890 - 19892] ( Chapter 12.5 added by Stats. 1990, Ch. 1336, Sec. 3. )

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    This section sets civil penalties for certain automatic garage door opener violations and allows specified parties to bring court proceedings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Automatic Garage Door Openers [19890 - 19892] ( Chapter 12.5 added by Stats. 1990, Ch. 1336, Sec. 3. ) ## 19891. (a) In addition to any other remedies permitted by law, any violations of subdivision (a), (b), or (c) of Section 19890 or Section 19892 are subject to a civil penalty of one thousand dollars ($1,000) per opener installed, manufactured, sold, or offered for sale that is not in compliance with Section 19890 or 19892. (b) In addition to any other remedies permitted by law, any violations of subdivision (d) or (h) of Section 19890 are subject to a civil penalty of five hundred dollars ($500) per opener installed and operational, that is not in compliance with Section 19890. (c) In addition to any other remedies permitted by law, a seller who violates the notice requirements of Section 1102.6 of the Civil Code, relating to automatic garage door openers, is subject to a civil penalty of five hundred dollars ($500). (d) Court proceedings may be initiated by the building department of the local agency with jurisdiction over enforcement of building standards, by affected consumers, or by the district attorney. Civil penalties assessed are payable to the local agency initiating the proceedings to enforce this chapter to offset the costs to the agency related to court proceedings. If an affected consumer initiates the proceeding, the civil penalties are payable to the consumer. (Amended by Stats. 2019, Ch. 497, Sec. 159. (AB 991) Effective January 1, 2020.)
  2. 19892.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Automatic Garage Door Openers [19890 - 19892] ( Chapter 12.5 added by Stats. 1990, Ch. 1336, Sec. 3. )

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    After July 1, 2019, covered garage door openers must have a battery backup function, and replacement residential garage doors cannot be connected to noncompliant openers.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Automatic Garage Door Openers [19890 - 19892] ( Chapter 12.5 added by Stats. 1990, Ch. 1336, Sec. 3. ) ## 19892. (a) On or after July 1, 2019, no person, corporation, or entity shall manufacture for sale in this state, sell, offer for sale at retail or wholesale, or install in this state a residential automatic garage door opener that does not have a battery backup function that is designed to operate when activated because of an electrical outage. The battery backup function shall operate in a manner so that the automatic garage door opener is operational without interruption during an electrical outage. (b) This section applies to all automatic garage door openers manufactured and sold for use in any residence and other residential applications of automatic garage door openers manufactured for commercial purposes. (c) On or after July 1, 2019, no replacement residential garage door shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the requirements set forth in subdivision (a), regardless of the date of manufacture of the residential automatic garage door opener. (Added by Stats. 2018, Ch. 621, Sec. 2. (SB 969) Effective January 1, 2019.)
  3. 19900.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4. HOUSING FOR THE ELDERLY [19900 - 19901] ( Part 4 added by Stats. 1961, Ch. 2068. )

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    Local governments may not require more than one building permit for qualifying low-rent housing for the elderly, and the permit fee is capped by a $25-per-one-story-building formula.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4. HOUSING FOR THE ELDERLY [19900 - 19901] ( Part 4 added by Stats. 1961, Ch. 2068. ) ## 19900. Notwithstanding any other statutory provision, no city, city and county, county, or other political subdivision of this State, including, but not limited to a chartered city, city and county, or county, shall require more than one building permit for a low-rent housing development for the elderly financed in whole or in part with federal or state funds or by means of a loan insured in whole or in part by the federal or state government. The fee for the permit shall not exceed the amount obtained by multiplying twenty-five dollars ($25) by the number of one-story buildings contained in the development, provided that such buildings do not contain more than 10 dwelling units. (Added by Stats. 1961, Ch. 2068.)
  4. 19901.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4. HOUSING FOR THE ELDERLY [19900 - 19901] ( Part 4 added by Stats. 1961, Ch. 2068. )

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    Public agencies that own and run rental housing cannot bar an elderly person or a person requiring supportive services from keeping up to two pets.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4. HOUSING FOR THE ELDERLY [19900 - 19901] ( Part 4 added by Stats. 1961, Ch. 2068. ) ## 19901. Notwithstanding any other provision of law, no public agency which owns and operates rental housing accommodations, shall prohibit the keeping of not more than two pets by an elderly person or person requiring supportive services in the rental housing accommodations. For the purposes of this section: (a) “Person requiring supportive services” means a person as defined in Section 50685.5. (b) “Elderly” means any person over the age of 60. (c) “Pet” means domesticated dog, cat, bird, or aquarium. (d) “Public” means state, county, city, city and county, district, or other political subdivision of the state. Nothing in this section shall prevent the local housing authority from requiring the removal from any housing of any pet whose conduct or condition is duly determined to constitute a threat or nuisance to the other occupants of the housing. No pet may be kept in violation of humane or health laws. Nothing in this section authorizes a local housing authority to impose any requirement which makes the keeping of a pet by an elderly person or person requiring supportive services financially prohibitive. The local housing authority shall not be liable for personal or property damages caused by any pet in the rental housing accommodation, except upon proof of prior actual knowledge on behalf of its agents or employees of a dangerous propensity of the pet or hazardous condition created by the pet. Nothing in this section shall prevent the local housing authority from adopting reasonable regulations relating to any such pets; prevent the adoption of differing terms for the tenancy which are reasonably related to the presence of such pet; or relieve a tenant from any liability otherwise imposed by law for damages caused by such pet when proof of same exists. The adoption of any regulations pursuant to this section, or the application of any regulation adopted pursuant to this section, may be appealed by an elderly resident or applicant or resident or applicant who is a person requiring supportive services in accordance with grievance procedures of the local housing authority established to resolve tenant disputes. A copy of the grievance procedures shall be provided to an elderly tenant or applicant or tenant or applicant who is a person requiring supportive services who keeps a pet. (Amended by Stats. 1987, Ch. 1089, Sec. 1.)
  5. 19902.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED [19902 - 19904] ( Part 4.5 added by Stats. 1984, Ch. 1072, Sec. 1. )

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    This section says shared housing for the elderly and handicapped is beneficial and states a legislative intent to promote it.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED [19902 - 19904] ( Part 4.5 added by Stats. 1984, Ch. 1072, Sec. 1. ) ## 19902. The Legislature finds and declares that the elderly and the handicapped who live together in a shared housing arrangement benefit from this arrangement by having their housing needs met at reduced cost. It is the intent of the Legislature to promote shared housing for the elderly and the handicapped by enacting this part. (Added by Stats. 1984, Ch. 1072, Sec. 1.)
  6. 19903.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED [19902 - 19904] ( Part 4.5 added by Stats. 1984, Ch. 1072, Sec. 1. )

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    This section defines key terms used in the part on shared housing for the elderly and the handicapped.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED [19902 - 19904] ( Part 4.5 added by Stats. 1984, Ch. 1072, Sec. 1. ) ## 19903. As used in this part: (a) “Assistance” means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to this division by the department or agency, and mortgage and construction financing provided by a public agency. (b) “Dwelling” means all housing whether owned or rented. (c) “Elderly” shall have the same meaning as is given that term by Section 50067. (d) “Handicapped” shall have the same meaning as is given that term by Section 50072. (e) “Elderly or handicapped household” means, two or more persons who live together as a household, without regard to any specific relationship, and at least one of whom is an elderly or handicapped person or an elderly and handicapped person. (f) “Public agency” means the state, any county, city, city and county, district, redevelopment agency, housing authority, or any other political subdivision of the state. “Public agency” includes a federal agency if the requirements of this part would not conflict with, or be preempted by, the requirements of federal law. (Added by Stats. 1984, Ch. 1072, Sec. 1.)
  7. 19904.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED [19902 - 19904] ( Part 4.5 added by Stats. 1984, Ch. 1072, Sec. 1. )

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    Certain elderly or handicapped households may qualify to live together in an efficiency, studio, or one-bedroom unit when the housing development is publicly assisted.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. SHARED HOUSING FOR THE ELDERLY AND THE HANDICAPPED [19902 - 19904] ( Part 4.5 added by Stats. 1984, Ch. 1072, Sec. 1. ) ## 19904. (a) Notwithstanding any other provision of law, or any rule, regulation, condition, covenant, or restriction to the contrary, if a public agency owns and operates, or owns and causes to be operated, or provides assistance to, a housing development, and if a private owner or operator of a housing development receives assistance from a public agency, an elderly or handicapped household may qualify and live together in an efficiency, studio, or one bedroom unit of that housing development. (b) (1) The public agency, or private owner or operator of a housing development receiving assistance from a public agency, may prohibit residency as provided in subdivision (a) on any of the following grounds: (A) If compliance with subdivision (a) would violate or be inconsistent with a federal or state law or regulation or local ordinance or regulation relating to health and safety. (B) If the combined income of all persons in the elderly or handicapped household, considering all permitted deductions and adjustments, is not in the income category of a family of the same size that would be eligible for assisted rental housing, if and to the extent that income limitations or requirements exist. (C) If the density of use of the dwelling unit would violate the requirements for efficiency, studio, or one bedroom units as prescribed by the Uniform Housing Code, or regulations promulgated by the Department of Housing and Community Development pursuant to Section 50152.7. (D) Those persons otherwise violate the requirements imposed pursuant to state or federal law for the particular rental housing program for which they seek to qualify. (2) This subdivision does not apply to any residency, occupancy, or use of a dwelling that is permitted under Section 51.3 of the Civil Code. (Amended by Stats. 1984, Ch. 1072, Sec. 1.5.)
  8. 19952.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. )

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    Operators of public amusement and resort facilities must provide seating or accommodations for physically disabled persons in varied locations, subject to fire and panic safety requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. ) ## 19952. (a) Any person, or public or private firm, organization, or corporation, who owns or manages places of public amusement and resort including theaters, concert halls, and stadiums shall provide seating or accommodations for physically disabled persons in a variety of locations within the facility, to the extent that this variety can be provided while meeting fire and panic safety requirements of the State Fire Marshal, so as to provide these persons a choice of admission prices otherwise available to members of the general public. (b) Readily removable seats may be installed in wheelchair spaces when the spaces are not required to accommodate wheelchair users. (c) The requirements of this section shall apply with respect to publicly and privately owned facilities or structures for the purposes specified in subdivision (a) for which a building permit or a building plan for new construction has been issued on or after January 1, 1985. (d) In no case shall this section be construed to prescribe a lesser standard of accessibility or usability than provided by the Accessibility Guidelines prepared by the federal Access Board and adopted by the United States Department of Justice to implement the Americans with Disabilities Act of 1990 (Public Law 101-336). (Amended by Stats. 1993, Ch. 1214, Sec. 6. Effective January 1, 1994.)
  9. 19952.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. )

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    Owners or managers of certain commercial places of public amusement must install and maintain at least one adult changing station when the facility is open to the public, and facilities with such stations must post conspicuous signage.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. ) ## 19952.5. (a) A person, private firm, organization, or corporation that owns or manages a commercial place of public amusement shall install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women when the facility is open to the public, if either of the following occur: (1) The commercial place of public amusement is newly constructed on or after January 1, 2020. (2) (A) When an existing commercial place of public amusement is renovated on or after January 1, 2025, and requires a permit or the estimated cost of the renovation is ten thousand dollars ($10,000) or more. (B) A commercial place of public amusement with an enclosed restroom facility or other similar private facility with an adult changing table in use before January 1, 2025, shall be deemed to comply with this paragraph. (b) A facility shall ensure that the entrance to each adult changing station has conspicuous signage indicating the location of the station, and, if the facility has a central directory, shall ensure that the central directory indicates the location of the adult changing station. (c) For purposes of this section, all of the following definitions shall apply: (1) “Commercial place of public amusement” means an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park, sports arena, or theater or movie house for which the maximum occupancy is determined to be 2,500 or more people. “Commercial place of public amusement” does not include any public or private higher education facility or district agricultural association. (2) “Adult changing station” means an adult changing table placed within an enclosed restroom facility or other similar private facility that is for use by persons with physical disabilities who need help with diapering. (3) “Physical disability” means a mental or physical disability, as described in Section 12926 of the Government Code. (Added by Stats. 2015, Ch. 742, Sec. 1. (AB 662) Effective January 1, 2016.)
  10. 19953.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. )

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    An aggrieved or potentially aggrieved person may sue to stop a violation, and the winning party may recover reasonable attorney’s fees.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. ) ## 19953. Any person who is aggrieved or potentially aggrieved by a violation of this part, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation. The prevailing party in the action shall be entitled to recover reasonable attorney’s fees. (Added by Stats. 1983, Ch. 781, Sec. 1.)
  11. 19954.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. )

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    Several public authorities may sue to stop violations of this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. ) ## 19954. The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the Attorney General, or the Attorney General may bring an action to enjoin any violation of this part. (Amended by Stats. 2003, Ch. 872, Sec. 6. Effective January 1, 2004.)
  12. 19954.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. )

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    In certain appellate court proceedings involving Sections 19952, 19953, or 19954, each party must serve its brief or petition and brief on the State Solicitor General, and briefs cannot be filed without proof of that service.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.3. ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS [19952 - 19954.5] ( Part 5.3 added by Stats. 1983, Ch. 781, Sec. 1. ) ## 19954.5. If a violation of Section 19952, 19953, or 19954 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter. (Added by Stats. 2002, Ch. 244, Sec. 4. Effective January 1, 2003.)
  13. 19955.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

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    Public accommodations or facilities with sanitary facilities available to the public, clients, or employees must make those sanitary facilities available to physically handicapped persons.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19955. (a) The purpose of this part is to insure that public accommodations or facilities constructed in this state with private funds adhere to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. For the purposes of this part “public accommodation or facilities” means a building, structure, facility, complex, or improved area which is used by the general public and shall include auditoriums, hospitals, theaters, restaurants, hotels, motels, stadiums, and convention centers. As used in this section, “hospitals” includes, but is not limited to, hospitals, nursing homes, and convalescent homes. When sanitary facilities are made available for the public, clients, or employees in such accommodations or facilities, they shall be made available for the physically handicapped. Any new requirements imposed by the amendments to this section enacted by the Legislature at its 1973–74 Regular Session shall only apply to public accommodations or facilities constructed on or after the effective date of the amendments. (Amended by Stats. 1973, Ch. 931.)
  14. 19955.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

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    This section defines key building terms used in this part, including story, first story, mezzanine, and grade.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19955.3. As used in this part: (a) “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, the basement or unused under-floor space shall be considered as a story. (b) “First story” means the lowest story in a building which qualifies as a story and which provides the basic services or functions for which the building is used. A floor level in a building having only one floor level shall be classified as a first story, if the floor level is not more than four feet below grade, for more than 50 percent of the total perimeter, or more than eight feet below grade at any point. (c) “Mezzanine” means an intermediate floor placed in any story or room. When the total area of any “mezzanine floor” exceeds 33 1/3 percent of the total floor area in that room, it shall be considered as constituting an additional “story.” The clear height above and below a “mezzanine floor” construction shall be not less than seven feet. (d) “Grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. (Added by Stats. 1982, Ch. 1416, Sec. 1.)
  15. 19955.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

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    Certain privately funded passenger vehicle service stations, shopping centers, physicians’ offices, and office buildings must follow the specified Government Code accessibility provisions, and any sanitary facilities offered to the public, clients, or employees must also be available for persons with disabilities.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19955.5. All passenger vehicle service stations, shopping centers, offices of physicians and surgeons, and office buildings constructed in this state with private funds shall adhere to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. As used in this section, “office building” means a structure wherein commercial activity or service is performed or a profession is practiced, or wherein any combination thereof is performed or practiced in all or the majority of the building or structure. When sanitary facilities are made available for the public, clients, or employees in these stations, centers, or buildings, they shall be made available for persons with disabilities. Any new requirements imposed by the amendments to this section by Chapter 931 of the Statutes of 1973 shall only apply to those stations, centers, or office buildings constructed on or after September 30, 1973. Any other new requirements imposed by amendments to this section by Chapter 995 of the Statutes of 1974 shall only apply to those offices or office buildings constructed on or after January 1, 1975. (Amended by Stats. 1993, Ch. 1220, Sec. 3. Effective January 1, 1994.)
  16. 19956.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

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    Most public accommodations built in this state must comply with Chapter 7 of the Government Code, but certain privately funded multistory buildings are exempt from ramp-or-elevator access above and below the first floor.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19956. All public accommodations constructed in this state shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. However, the following types of privately funded multistory buildings do not require accessibility by ramp or elevator above and below the first floor: (a) Multistoried office buildings, other than the professional office of a health care provider, and passenger vehicle service stations less than three stories high, or less than 3,000 square feet per story. (b) Any other privately funded multistoried building that is not a shopping center, shopping mall, or the professional office of a health care provider, and that is less than three stories high or less than 3,000 square feet per story if a reasonable portion of all facilities and accommodations normally sought and used by the public in such a building are accessible to and usable by persons with disabilities. (Amended by Stats. 1993, Ch. 1220, Sec. 4. Effective January 1, 1994.)
  17. 19956.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    Privately funded curbs or sidewalks intended for public use must comply with the specified Government Code accessibility provisions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19956.5. Any curb or sidewalk intended for public use that is constructed in this state with private funds shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. This section shall apply, but not be limited in application, to any curb or sidewalk which after construction with private funds will be turned over to a city or county for public use, in order to provide full and easy access to, and use of, such curb or sidewalk by the physically handicapped. (Added by Stats. 1972, Ch. 1018.)
  18. 19957.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    The building department may grant exceptions to the standards when literal compliance causes practical difficulty, unnecessary hardship, or extreme differences, if equivalent facilitation and protection are clearly provided.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19957. In cases of practical difficulty, unnecessary hardship, or extreme differences, a building department responsible for the enforcement of this part may grant exceptions from the literal requirements of the standards and specifications required by this part or permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection are thereby secured. (Added by Stats. 1969, Ch. 1560.)
  19. 19957.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    Cities, counties, and city and counties may create a five-member local appeals board, and that board must hear written appeals and may approve or disapprove certain housing-access enforcement actions and interpretations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19957.5. (a) Every city, county, or city and county may appoint a local appeals board composed of five members to hear written appeals brought by any person regarding action taken by the building department of the city, county, or city and county in enforcement of the requirements of this part, including the exceptions contained in Section 19957. (b) Two members of the appeals board shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member. (c) The appeals board shall conduct hearings on written appeals made under subdivision (a) and may approve or disapprove interpretations of this part and enforcement actions taken by the building department of the city, county, or city and county. All such approvals or disapprovals shall be final and conclusive as to the building department in the absence of fraud or prejudicial abuse of discretion. The appeals board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this part. (Added by Stats. 1976, Ch. 700.)
  20. 19958.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    Local building departments must enforce this part within their own city, county, or city and county area.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19958. The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city and county. The responsibility for enforcing Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code in its application under this part shall be by such building department within the territorial area of its city, county, or city and county. “Building department” means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings. (Added by Stats. 1969, Ch. 1560.)
  21. 19958.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    Certain public officials may file an action to stop a violation of this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19958.5. The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the Attorney General, or the Attorney General may bring an action to enjoin a violation of this part. (Amended by Stats. 2003, Ch. 872, Sec. 7. Effective January 1, 2004.)
  22. 19958.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    This section sets civil penalties for violations of certain accessibility laws and related regulations, and assigns courts and public attorneys specific roles in enforcement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19958.6. (a) A person who violates Section 19952, 19955, 19955.5, 19956, 19956.5, or 19959 or any of the regulations implementing those sections that have been promulgated by the State Architect pursuant to Section 4450 of the Government Code and approved by the California Building Standards Commission shall be subject to a civil penalty of two thousand five hundred dollars ($2,500) for each violation. (b) A person who remains in violation of the statutes and regulations specified in subdivision (a) for more than 90 days after receipt of written notice from a governmental agency identifying the violation shall be subject to an additional civil penalty of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation for each additional day that the violation remains. In assessing the amount of the civil penalty under this subdivision, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: (1) The nature and seriousness of the violations. (2) The number of violations. (3) The persistence of the violations. (4) The willfulness of the defendant’s conduct. (5) The defendant’s assets, liabilities, and net worth. (6) Any economic benefit to the defendant resulting from the violation. A court may suspend a portion of any penalty imposed pursuant to this subdivision to the extent that the person, despite diligent efforts, cannot complete all steps necessary to correct a violation within the 90-day period. Any suspension of daily penalties shall be conditioned on adherence to a court-ordered schedule for correcting the violation. (c) When imposing penalties under either subdivision (a) or (b), the court shall impose a separate civil penalty for each violation of the statutes and implementing regulations mentioned in subdivision (a). Multiple identical violations at one facility may be deemed to constitute one violation if the court finds that the multiplicity of violations did not significantly increase the degree to which access was compromised. (d) Every civil action brought under this section shall be brought in the name of the people of the state by the district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the Attorney General, or the Attorney General. An action brought in the name of the people of the state shall not preclude an action being brought by an injured person under other applicable laws. (e) (1) If the action is brought by the Department of Rehabilitation acting through the Attorney General, or by the Attorney General, the civil penalties shall be paid to the Treasurer. Upon prevailing, the Attorney General shall be entitled to recover all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. (2) If the action is brought by the district attorney, or the county counsel, the civil penalties shall be paid to the treasurer of the county in which the judgment was entered. (3) If the action is brought by the city attorney, the civil penalties shall be paid to the treasurer of the city bringing the action. Upon prevailing, the city attorney shall be entitled to recover all costs of investigating and prosecuting the action, including, but not limited to, expert fees, reasonable attorney’s fees, and costs. (Added by Stats. 2003, Ch. 872, Sec. 8. Effective January 1, 2004.)
  23. 19959.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    Existing public accommodations built before July 1, 1970, that are not exempt under Section 19956 must comply with this chapter when they are altered, structurally repaired, or added to.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19959. Every existing public accommodation constructed prior to July 1, 1970, which is not exempted by Section 19956, shall be subject to the requirements of this chapter when any alterations, structural repairs or additions are made to such public accommodation. This requirement shall only apply to the area of specific alteration, structural repair or addition and shall not be construed to mean that the entire building or facility is subject to this chapter. (Amended by Stats. 1974, Ch. 545.)
  24. 19959.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. )

    Verify source ↗

    In certain California appellate proceedings involving specified access-to-public-accommodations sections, each party must serve its brief or petition and brief on the State Solicitor General, and briefs cannot be filed without proof of that service.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 5.5. ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS [19955 - 19959.5] ( Part 5.5 added by Stats. 1969, Ch. 1560. ) ## 19959.5. If a violation of Section 19955, 19955.3, 19955.5, 19956, 19956.5, 19957, 19957.5, or 19959 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter. (Added by Stats. 2002, Ch. 244, Sec. 5. Effective January 1, 2003.)
  25. 19960.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 1. General Provisions and Definitions [19960 - 19961] ( Chapter 1 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This part is known as the California Factory-Built Housing Law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 1. General Provisions and Definitions [19960 - 19961] ( Chapter 1 added by Stats. 1969, Ch. 1422. ) ## 19960. This part shall be known and may be cited as the “California Factory-Built Housing Law.” (Added by Stats. 1969, Ch. 1422.)
  26. 19961.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 1. General Provisions and Definitions [19960 - 19961] ( Chapter 1 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section states the Legislature’s findings about factory-built housing and the need for uniform health and safety standards and inspection procedures.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 1. General Provisions and Definitions [19960 - 19961] ( Chapter 1 added by Stats. 1969, Ch. 1422. ) ## 19961. The Legislature hereby finds and declares that in an effort to meet the housing needs within the State of California, the private housing and construction industry has developed mass production techniques which can substantially reduce housing construction costs, and that the mass production of housing, consisting primarily of factory manufacture of dwelling units or habitable rooms thereof, presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The Legislature further finds and declares that by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of housing construction costs and to make housing and home ownership more feasible for all residents of the state. (Added by Stats. 1969, Ch. 1422.)
  27. 19965.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Chapter definitions control how this part is read, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19965. The definitions contained in this chapter govern the construction of this part, unless the context otherwise requires. (Added by Stats. 1969, Ch. 1422.)
  28. 19966.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Approved” means meeting the requirements and getting approval from the California Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19966. “Approved” means conforming to the requirements, and obtaining the approval, of the Department of Housing and Community Development of the State of California. (Added by Stats. 1969, Ch. 1422.)
  29. 19967.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “building component” and excludes certain listed and labeled appliances or equipment from that definition.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19967. “Building component” means any subsystem, subassembly, or other system designed for use in, or as part of, a structure, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety. However, “building component” does not include appliances or equipment, such as heaters, stoves, refrigerators, or air conditioners, which have been listed and labeled by an approved testing and listing agency. (Repealed and added by Stats. 1974, Ch. 129.)
  30. 19967.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “building system.”

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19967.1. “Building system” means plans, specifications, and documentation for a system of manufactured building, or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety, including variations which are submitted as part of the building system. (Added by Stats. 1974, Ch. 129.)
  31. 19967.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “building standard” by referring to the definition in Section 18909.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19967.2. “Building standard” means building standard as defined in Section 18909. (Added by Stats. 1979, Ch. 1152.)
  32. 19969.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Department” means the California Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19969. “Department” means the Department of Housing and Community Development of the State of California. (Added by Stats. 1969, Ch. 1422.)
  33. 19969.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    A “design approval agency” means a private organization that meets department regulations to evaluate factory-built housing plans and specifications.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19969.3. “Design approval agency” is a private organization meeting the requirements of department regulations to perform evaluation of factory-built housing plans and specifications. (Added by Stats. 1984, Ch. 304, Sec. 1.)
  34. 19970.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “dwelling unit” as one or more habitable rooms for one family, with facilities for living, sleeping, cooking, and eating.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19970. “Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. (Added by Stats. 1969, Ch. 1422.)
  35. 19971.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “factory-built housing” and lists what is excluded from that definition.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19971. “Factory-built housing” means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the commission pursuant to Section 19990. Factory-built housing does not include a mobilehome, as defined in Section 18008, a recreational vehicle, as defined in Section 18010.5, or a commercial modular, as defined in Section 18012.5. (Amended by Stats. 2003, Ch. 814, Sec. 11. Effective January 1, 2004.)
  36. 19972.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “First user” means the person, firm, or corporation that initially installs factory-built housing in this state.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19972. “First user” means the person, firm, or corporation who initially installs factory-built housing within this state. A person who subsequently purchases a building which wholly or partially consists of factory-built housing is not a first user within the meaning of this definition. (Added by Stats. 1969, Ch. 1422.)
  37. 19974.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Installation” means assembling factory-built housing on site and affixing it to land, a foundation, footings, or an existing building.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19974. “Installation” means the assembly of factory-built housing on site and the process of affixing factory-built housing to land, a foundation, footings or an existing building. (Added by Stats. 1969, Ch. 1422.)
  38. 19975.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Local enforcement agency” means the city, county, or city and county where factory-built housing is installed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19975. “Local enforcement agency” means the city, county, or city and county in which factory-built housing is installed. (Added by Stats. 1969, Ch. 1422.)
  39. 19975.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “local inspection agency” as a certified city, county, or city and county building department that has taken responsibility for inspecting in-plant construction.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19975.1. “Local inspection agency” means the building department of a city, county, or city and county, which has been certified by the department, and which has assumed responsibility for inspection of in-plant construction as provided by Section 19991.1. (Added by Stats. 1974, Ch. 129.)
  40. 19976.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section defines “manufacture” as making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19976. “Manufacture” is the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials. (Added by Stats. 1969, Ch. 1422.)
  41. 19976.05.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Quality assurance agency” means a private organization that meets department regulations and performs in-plant inspections of factory-built housing construction.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19976.05. “Quality assurance agency” means a private organization meeting the requirements specified in regulations of the department to perform in-plant inspections of the construction of factory-built housing. (Added by Stats. 1987, Ch. 891, Sec. 13.)
  42. 19976.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Residential building” means a structure designed for dwelling occupancy with one or more dwelling units and accessory structures.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19976.1. “Residential building” means any structure designed for dwelling occupancy, containing one or more dwelling units and structures accessory thereto. (Added by Stats. 1974, Ch. 129.)
  43. 19977.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    “Site” means the entire tract, subdivision, or parcel of land where factory-built housing is installed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 2. Definitions [19965 - 19977] ( Chapter 2 added by Stats. 1969, Ch. 1422. ) ## 19977. “Site” is the entire tract, subdivision or parcel of land on which factory-built housing is installed. (Added by Stats. 1969, Ch. 1422.)
  44. 19980.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Factory-built housing covered by this section must bear an insignia of approval issued by the department before it is sold or offered for sale to first users within the state.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. ) ## 19980. All factory-built housing manufactured after the effective date of the building standards published in the State Building Standards Code and the other regulations adopted pursuant to Chapter 4 (commencing with Section 19990) of this part, which is sold or offered for sale to first users within this state, shall bear insignia of approval issued by the department. (Amended by Stats. 1979, Ch. 1152.)
  45. 19981.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Factory-built housing with the required approval insignia is treated as complying with applicable local housing construction rules, and local governments generally may not require plan submittal for it. Modifications before installation or during installation require prior approval from the department or the local enforcement agency, respectively.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. ) ## 19981. (a) All factory-built housing bearing an insignia of approval pursuant to Section 19980 shall be deemed to comply with the requirements of all ordinances or regulations enacted by any city, city and county, county, or district which may be applicable to the construction of housing. No city, city and county, county, or district shall require submittal of plans for any factory-built housing manufactured, or to be manufactured, pursuant to this part for the purpose of determining compliance with this part or the regulations promulgated thereunder, or for determining compliance with any local construction requirement, except as provided in Section 19993. (b) No factory-built housing bearing a department insignia of approval pursuant to Section 19980 shall be in any way modified prior to installation unless approval is first obtained from the department. (c) No factory-built housing shall be in any way modified during installation unless approval for the modification is first obtained from the local enforcement agency. (Amended by Stats. 1993, Ch. 413, Sec. 6. Effective September 21, 1993.)
  46. 19982.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department must set fee rules for this part, put collected fees into the specified revolving fund, and reduce fees if the fund grows above the yearly operating-expense limit.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. ) ## 19982. (a) The department by rule and regulation shall establish a schedule of fees to pay the costs incurred by the department for the work related to the administration and enforcement of this part. Notwithstanding Section 13340 of the Government Code, the fees collected shall be placed in the Mobilehome-Manufactured Home Revolving Fund established by Section 18016.5, and are continuously appropriated to the department for expenditure in carrying out this part. (b) The total amount of money collected pursuant to this part and contained in the Mobilehome-Manufactured Home Revolving Fund on June 30 of each fiscal year shall not exceed the amount needed for operating expenses for one year for the enforcement of this part. If the total amount of money collected pursuant to this part in the fund exceeds this amount, the department shall make appropriate reductions in the schedule of fees authorized by this section. (Amended by Stats. 2006, Ch. 538, Sec. 377. Effective January 1, 2007.)
  47. 19983.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    This section says the department may delegate its enforcement authority to local government agencies by written contract, and may approve design approval agencies, as provided in Section 19991.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. ) ## 19983. Nothing in this part shall be construed to prevent the department from delegating by written contract its enforcement authority to local government agencies or from approving design approval agencies, as provided in Section 19991.3. (Amended by Stats. 1984, Ch. 304, Sec. 2.)
  48. 19984.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The commission must adopt its other rules and regulations under the procedures specified here.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. ) ## 19984. All building standards shall be adopted and published in the State Building Standards Code pursuant to Part 2.5 (commencing with Section 18901) of this division, and all other rules and regulations promulgated by the commission under the authority of this part shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1980, Ch. 676.)
  49. 19985.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department may adopt regulations treating certain other states’ factory-built housing standards as equal to California’s if it determines those standards and requirements are comparable.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 3. Regulation [19980 - 19985] ( Chapter 3 added by Stats. 1969, Ch. 1422. ) ## 19985. If the department determines that standards for the construction of factory-built housing, which have been prescribed by the statutes or rules and regulations of other states, are at least equal to the standards of the State Building Standards Code and the other requirements prescribed by the department, the department may so provide by regulation. Any factory-built housing which a state has approved as meeting its standards for construction shall be deemed to meet the requirements of the department, if the department determines that the standards of that other state are actually being enforced. (Amended by Stats. 1987, Ch. 891, Sec. 15.)
  50. 19990.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department must adopt and submit building standards, make related rules for factory-built housing, require local wind and snow load filings, and notify manufacturers each year.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19990. (a) Except as provided in Section 18930, the department shall adopt rules and regulations to interpret and make specific this part. The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of this division for the purposes described in this section. Standards adopted, amended, or repealed from time to time by the department pursuant to this chapter shall include provisions imposing requirements reasonably consistent with recognized and accepted standards contained in the most recent editions of the following international or uniform industry codes as adopted or amended from time to time by the organizations specified: (1) The Uniform Housing Code of the International Conference of Building Officials. (2) The International Building Code of the International Code Council. (3) The International Residential Code of the International Code Council. (4) The Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (5) The Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials. (6) The National Electrical Code of the National Fire Protection Association. (b) The department shall require every city and county to file with the department all wind pressure and snow load requirements in effect within their respective jurisdictions if these requirements differ from building standards published in the State Building Standards Code, on or before January 1 of each year. The department shall notify every manufacturer of factory-built housing of these requirements on or before March 1 of each year. (c) Except as provided in Section 18930, the department shall adopt other rules and regulations as it deems necessary to carry out this part. In promulgating these other rules and regulations the department shall consider any amendments to the model codes referred to in this section. In the event of any conflict with respect to factory-built housing between Part 1.5 (commencing with Section 17910) and this part, the requirements of this part shall control. (Amended by Stats. 2016, Ch. 714, Sec. 21. (SB 944) Effective January 1, 2017.)
  51. 19990.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Section 17920.9 rules and related foam-building standards apply to factory-built housing involving foam building systems.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19990.6. The provisions of Section 17920.9, the building standards published in the State Building Standards Code relating to foam building systems, and the other rules and regulations adopted pursuant to Section 17920.9, shall be applicable to the sale, offering for sale, or use in the construction of any factory-built housing of any foam building system, and to any factory-built housing in which any such system is used as a component. (Added by renumbering Section 19990.5 (as renumbered from 19940.5 by Stats. 1979, Ch. 1152) by Stats. 1983, Ch. 101, Sec. 135.)
  52. 19991.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department must enforce this part, the related factory-built housing building standards, and regulations adopted under this part, except where Sections 19991.1, 19991.3, 19991.4, and 19992 provide otherwise.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19991. The department shall enforce every provision of this part, the building standards published in the State Building Standards Code relating to factory-built housing, and the other regulations adopted pursuant to this part, except as provided in Sections 19991.1, 19991.3, 19991.4, and 19992. (Amended by Stats. 1987, Ch. 891, Sec. 17.)
  53. 19991.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    A city, county, or city and county may choose by ordinance to let its building department handle in-plant inspections of factory-built housing. If the department certifies the building department as qualified, it becomes the local inspection agency. A local inspection agency may also set a reasonable inspection fee to cover inspection costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19991.1. The governing body of any city, county, or city and county may by ordinance elect to have its building department assume responsibility, for in-plant inspections of all factory-built housing in all places of manufacture within the political limits of the jurisdiction of such city, county, or city and county. If certified by the department as qualified to perform such inspections, the building department shall be the local inspection agency within the city, county, or city and county. The governing body of any city, county, or city and county having a local inspection agency may, by ordinance, establish a reasonable inspection fee for in-plant inspections to defray the actual cost of inspections. (Added by Stats. 1974, Ch. 129.)
  54. 19991.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    If there is no certified local inspection agency, the department must conduct in-plant inspections of all factory-built housing in manufacturing locations within the jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19991.2. Where there is no certified local inspection agency, the department shall make in-plant inspection of all factory-built housing in all places of manufacture located within the political limits of the jurisdiction in which such manufacturing plants are located. (Added by Stats. 1974, Ch. 129.)
  55. 19991.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department must make regulations for qualifying and disqualifying design approval agencies for factory-built housing plan approvals.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19991.3. The department shall provide by regulation for qualification and disqualification of design approval agencies to perform approval of factory-built housing plans and specifications, and the approvals of those agencies shall be deemed the equivalent of department approval. The regulations for qualification of design approval agencies shall specifically provide for the absence of any conflict of interest between manufacturers and design approval agencies and for department oversight of design approval agency performance. (Added by Stats. 1984, Ch. 304, Sec. 4.)
  56. 19991.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department may regulate the qualification and disqualification of quality assurance agencies for factory-built housing inspections, and those agencies must act under the department’s supervision.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19991.4. The department may provide by regulation for the qualification and disqualification of quality assurance agencies to perform inspections of factory-built housing manufacturers. Quality assurance agencies shall act on behalf and subject to the supervision of the department and shall exercise the powers of the department with respect to these inspections, as provided by regulations of the department. These regulations shall specifically provide for the absence of any conflict of interest between manufacturers and quality assurance agencies and for department oversight of the performance quality assurance agencies. (Added by Stats. 1987, Ch. 891, Sec. 18.)
  57. 19992.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Local enforcement agencies must enforce and inspect factory-built housing installations, and the installation must follow the listed building standards and Part 1.5 requirements, subject to Section 19990.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19992. Local enforcement agencies shall enforce and inspect the installation of factory-built housing. The installation of factory-built housing shall be conducted in accordance with the requirements of the building standards published in the State Building Standards Code relating to factory-built housing and the other requirements of Part 1.5 (commencing with Section 17910), subject to the provisions of Section 19990. The local enforcement agency may, by ordinance, establish an inspection fee for the inspection of the installation of factory-built housing. (Amended by Stats. 1979, Ch. 1152.)
  58. 19993.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Local jurisdictions keep control over certain local housing requirements for factory-built housing, and any local rules imposed under this section must not vary substantially from rules for similar residential buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 4. Application and Scope [19990 - 19993] ( Chapter 4 added by Stats. 1969, Ch. 1422. ) ## 19993. (a) Local use zone requirements, local snow load requirements, local wind pressure requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any requirement of this part. (b) Local requirements imposed on factory-built housing pursuant to the authority granted by this section shall not vary substantially from the requirements imposed on other residential buildings of similar size. (Amended by Stats. 1993, Ch. 413, Sec. 7. Effective September 21, 1993.)
  59. 19995.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 5. Appeals [19995 - 19996] ( Chapter 5 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department must hear appeals about certain factory-built housing standards and departmental rules, except as provided in Section 18945.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 5. Appeals [19995 - 19996] ( Chapter 5 added by Stats. 1969, Ch. 1422. ) ## 19995. Except as provided in Section 18945, the department shall hear appeals brought by any person regarding the application to such person of any building standard published in the State Building Standards Code relating to factory-built housing or to any other rule or regulation of the department promulgated pursuant to this part. Any such appeals shall first be submitted to the local enforcement agency, if any, delegated by the department to enforce the provisions of this part. The department shall not hear any appeal regarding any local ordinance, rule, or regulation related to the installation of factory-built housing. (Amended by Stats. 1987, Ch. 891, Sec. 19.)
  60. 19996.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 5. Appeals [19995 - 19996] ( Chapter 5 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    The department may make informal hearing rules for appeals under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 5. Appeals [19995 - 19996] ( Chapter 5 added by Stats. 1969, Ch. 1422. ) ## 19996. The department may promulgate informal hearing rules pertaining to the hearing of appeals under the provisions of this chapter. (Amended by Stats. 2010, Ch. 610, Sec. 2.9. (AB 2762) Effective January 1, 2011.)
  61. 19997.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 6. Penalties [19997- 19997.] ( Chapter 6 added by Stats. 1969, Ch. 1422. )

    Verify source ↗

    Violating this part or related factory-built housing rules can be a misdemeanor, with fines, jail time, or both. The department must also assess civil penalties for certain section violations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 6. FACTORY-BUILT HOUSING [19960 - 19997] ( Part 6 added by Stats. 1969, Ch. 1422. ) ## CHAPTER 6. Penalties [19997- 19997.] ( Chapter 6 added by Stats. 1969, Ch. 1422. ) ## 19997. (a) Any person who violates any of the provisions of this part, a building standard published in the State Building Standards Code relating to factory-built housing, or any other rules or regulations adopted pursuant to this part is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding 30 days, or by both that fine and imprisonment. (b) (1) For violations of Section 19980, 19991.3, or 19991.4, the department shall assess civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply: (A) The citation includes multiple violations. (B) The cited person has a history of violations of the same or similar provisions of this part and the regulations promulgated under this part. (C) In the judgment of the department, the person has exhibited bad faith or a conflict of interest. (D) In the judgment of the department, the violation is serious or harmful. (E) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities. (F) There is exculpatory evidence that, in the judgment of the department, is material to the elements of the current violation for which the citation is being issued and is significantly related to the degree of fault. (2) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000). (3) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated. (4) Appeals procedures shall be the same as those provided under subdivisions (c) to (e), inclusive, of Section 18021.7. (c) Nothing in this section is intended to preclude remedies available under other provisions of law. (Amended by Stats. 2009, Ch. 140, Sec. 109. (AB 1164) Effective January 1, 2010.)
  62. 2.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Code provisions that are substantially the same as existing statutes are to be treated as continuations of those statutes, not as new laws.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 2. The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1939, Ch. 60.)
  63. 20.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “State department” or “department” as the State Department of Health Services, and says that from July 1, 2007, certain references to the former Health Services department are treated as references to either Public Health or Health Care Services, depending on the function involved.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 20. “State department” or “department” means State Department of Health Services. Commencing July 1, 2007, any reference to the former State Department of Health Services regarding a function vested by Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, in the State Department of Public Health is deemed to, instead, refer to the State Department of Public Health, and any reference to the former State Department of Health Services regarding a function not vested by Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, in the State Department of Public Health, is deemed to, instead, refer to the State Department of Health Care Services. (Amended by Stats. 2006, Ch. 241, Sec. 8. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  64. 2000.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This chapter is known and may be cited as the Mosquito Abatement and Vector Control District Law.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2000. This chapter shall be known and may be cited as the Mosquito Abatement and Vector Control District Law. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  65. 20000.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “district” for this chapter as a police protection district formed under this chapter or under a superseded law.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20000. “District,” as used in this chapter, means a police protection district formed pursuant to this chapter or pursuant to any law which it supersedes. (Enacted by Stats. 1939, Ch. 60.)
  66. 20001.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this chapter, “Board” means the county board of supervisors for the county where a district is proposed or has been formed.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20001. “Board,” as used in this chapter, means the board of supervisors of the county in which it is proposed to form a district, or in which a district has been formed. (Enacted by Stats. 1939, Ch. 60.)
  67. 20002.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “district board” for this chapter as the board of police commissioners of a district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20002. “District board,” as used in this chapter, means the board of police commissioners of a district. (Enacted by Stats. 1939, Ch. 60.)
  68. 20003.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this chapter, “Commissioner” means a member of the district board.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20003. “Commissioner,” as used in this chapter, means a member of the district board. (Enacted by Stats. 1939, Ch. 60.)
  69. 20004.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this chapter, any reference to a county or county officer means the county or officer of the county where the district is located.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20004. Any reference in this chapter to a county or county officer is a reference to the county or officer of the county in which a district is situated. (Enacted by Stats. 1939, Ch. 60.)
  70. 20005.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Taxes and elections under this chapter are not invalid just because of an error, omission, informality, or lack of strict compliance.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20005. No tax levied, assessed, or collected, and no election held, pursuant to this chapter is illegal, void, or voidable on account of any error, omission, or informality, or failure to comply strictly with this chapter. (Enacted by Stats. 1939, Ch. 60.)
  71. 20006.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “precinct area” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20006. A “precinct area” as used in this chapter means, with respect to the proceedings for the formation of an unincorporated town as a police protection district, an election precinct or such portion thereof as is located within the boundary of such town at the time that the petition for the formation of that town as a police protection district is presented to the board. (Added by Stats. 1949, Ch. 1524.)
  72. 20007.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    No district may be created or organized under this chapter after October 1, 1959.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20007. No district shall be created or organized pursuant to this chapter after October 1, 1959. The organization, existence, or powers of any district heretofore created by, or organized pursuant to, this chapter shall continue to exist and any such district may exercise any of the powers conferred upon it by this chapter. (Added by Stats. 1959, Ch. 1166.)
  73. 20008.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Districts in existence on January 1, 2008, in unincorporated towns may protect life and property, maintain a police department, buy and maintain ambulances, and otherwise provide police protection.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [20000 - 20008] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 20008. Any district in existence on January 1, 2008, in an unincorporated town may protect and safeguard life and property, and may equip and maintain a police department, including purchasing and maintaining ambulances, and otherwise securing police protection. (Added by Stats. 2007, Ch. 343, Sec. 14. Effective January 1, 2008.)
  74. 2001.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    The Legislature says mosquito abatement and vector control districts should have broad authority to run programs that surveil, prevent, abate, and control mosquitoes and other vectors.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2001. (a) The Legislature finds and declares all of the following: (1) California’s climate and topography support a wide diversity of biological organisms. (2) Most of these organisms are beneficial, but some are vectors of human disease pathogens or directly cause other human diseases such as hypersensitivity, envenomization, and secondary infections. (3) Some of these diseases, such as mosquitoborne viral encephalitis, can be fatal, especially in children and older individuals. (4) California’s connections to the wider national and international economies increase the transport of vectors and pathogens. (5) Invasions of the United States by vectors such as the Asian tiger mosquito and by pathogens such as the West Nile virus underscore the vulnerability of humans to uncontrolled vectors and pathogens. (b) The Legislature further finds and declares: (1) Individual protection against the vectorborne diseases is only partially effective. (2) Adequate protection of human health against vectorborne diseases is best achieved by organized public programs. (3) The protection of Californians and their communities against the discomforts and economic effects of vectorborne diseases is an essential public service that is vital to public health, safety, and welfare. (4) Since 1915, mosquito abatement and vector control districts have protected Californians and their communities against the threats of vectorborne diseases. (c) In enacting this chapter, it is the intent of the Legislature to create and continue a broad statutory authority for a class of special districts with the power to conduct effective programs for the surveillance, prevention, abatement, and control of mosquitoes and other vectors. (d) It is also the intent of the Legislature that mosquito abatement and vector control districts cooperate with other public agencies to protect the public health, safety, and welfare. Further, the Legislature encourages local communities and local officials to adapt the powers and procedures provided by this chapter to meet the diversity of their own local circumstances and responsibilities. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  75. 2002.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This section defines key terms used in Chapter 1 on mosquito abatement and vector control districts.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2002. As used in this chapter: (a) “Abate” means to put an end to a public nuisance, or to reduce the degree or the intensity of a public nuisance. (b) “Board of trustees” means the legislative body of a district. (c) “City” means any city, whether general law or chartered, including a city and county, and including any city the name of which includes the word “town.” (d) “Control” means to prevent or reduce vectors. (e) “Department” means the State Department of Health Services. (f) “District” means any mosquito abatement and vector control district created pursuant to this chapter or any of its statutory predecessors. (g) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district at the time of formation. (h) “Property” means land and improvements, and includes water. (i) “Public agency” means any state agency, board, or commission, including the California State University and the University of California, any county, city and county, city, regional agency, school district, special district, redevelopment agency, or other political subdivision. (j) “Public nuisance” means any of the following: (1) Any property, excluding water, that has been artificially altered from its natural condition so that it now supports the development, attraction, or harborage of vectors. The presence of vectors in their developmental stages on a property is prima facie evidence that the property is a public nuisance. (2) Any water that is a breeding place for vectors. The presence of vectors in their developmental stages in the water is prima facie evidence that the water is a public nuisance. (3) Any activity that supports the development, attraction, or harborage of vectors, or that facilitates the introduction or spread of vectors. (k) “Vector” means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates. ( l) “Voter” means a voter as defined by Section 359 of the Elections Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  76. 2003.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This chapter gives mosquito abatement and vector control districts their organizing authority and powers, and preserves certain pre-2003 districts, zones, and actions.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2003. (a) This chapter provides the authority for the organization and powers of mosquito abatement and vector control districts. This chapter succeeds the former Chapter 5 (commencing with Section 2200) as added by Chapter 60 of the Statutes of 1939, as subsequently amended, and any of its statutory predecessors. (b) Any mosquito abatement and vector control district formed pursuant to the former Chapter 5 (commencing with Section 2200) or any of its statutory predecessors that was in existence on January 1, 2003, shall remain in existence as if it had been organized pursuant to this chapter. Any zone of a mosquito abatement and vector control district formed pursuant to former Section 2291 to former Section 2291.4, inclusive, and any of their statutory predecessors that was in existence on January 1, 2003, shall remain in existence as if it had been formed pursuant to this chapter. (c) Any indebtedness, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Chapter 5 (commencing with Section 2200) or any of its statutory predecessors that was taken before January 1, 2003, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this chapter. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  77. 2004.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This chapter is intended to protect public health, safety, and welfare, and it should be interpreted broadly to carry out that purpose.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2004. This chapter is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  78. 20040.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    The board must call and give notice of an election in the proposed district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20040. The board shall call and give notice of an election to be held in the proposed district to determine whether the district shall be formed, and to elect the commissioners who shall serve as the first district board. (Added by Stats. 1951, Ch. 896.)
  79. 20040.1.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    After a district formation election is called, the calling legislative body must send written notice within 5 days, the executive officer must prepare an impartial analysis within 5 days of notice, and the local agency formation commission must approve or modify that analysis within 5 days of receiving it.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20040.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  80. 20040.2.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    Certain local officials, voters, and citizen associations may file written arguments for or against a proposed district formation, but the argument must be filed at least 54 days before the election and must be 300 words or less.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20040.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  81. 20040.3.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    If multiple arguments for or against proposed district formation are filed on time, election officials must choose one argument to print and distribute to voters.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20040.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  82. 20040.4.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    Election officials must print and mail a ballot pamphlet about the district formation proposition to each voter entitled to vote, and they must mail it at least 10 days before the election.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20040.4. The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following, in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition, prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 142. Effective January 1, 1995.)
  83. 20041.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    The formation election notice must include the election date, the proposed district boundaries, the district name with the required wording, and a statement that the first district board commissioners will be elected.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20041. The notice of the formation election shall contain: (a) The date of the election. (b) A description of the boundaries of the proposed district. (c) The name of the proposed police protection district, which shall contain the words “Police Protection District of ____ County” (stating the name of the county in which the district is to be located). (d) A statement that the commissioners who will serve as the first district board will be elected. (Added by Stats. 1951, Ch. 896.)
  84. 20042.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    The county clerk must give notice of the formation election either by newspaper publication or, if there is no such newspaper, by posting the notice in three public places.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20042. The county clerk shall publish the notice of election once a week for at least two weeks prior to the formation election, in a newspaper printed and published in the district, if any, and if none, shall give such notice by posting the notice in three public places within the district for at least three weeks immediately preceding the election. (Added by Stats. 1951, Ch. 896.)
  85. 20043.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    At the formation election, the first directors are to be elected and a specified district-formation question must be submitted to voters.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20043. At the formation election the first directors shall be elected and the following measure shall be submitted: “Shall the proposition to form ______ Police Protection District of ______ County be adopted?” (Added by Stats. 1951, Ch. 896.)
  86. 20044.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    A person may not be a candidate for the district board unless they live within the boundaries of the proposed district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20044. No person shall be a candidate for the district board unless he is a resident within the boundaries of the proposed district. (Added by Stats. 1951, Ch. 896.)
  87. 20045.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    At the formation election, each voting person may cast three votes for district board candidates.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20045. The election shall be conducted, candidates nominated, the votes canvassed, and the results declared as provided by the Elections Code for election of county officers, insofar as applicable and not inconsistent with this chapter. Each person voting at the formation election shall be entitled to cast three votes for candidates for members of the first district board. The three candidates receiving the highest number of votes shall be elected as the first district board if the district is formed. (Added by Stats. 1951, Ch. 896.)
  88. 20046.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    If a majority of votes favor forming the district, the board of supervisors must enter an order on its minutes declaring the district formed under the chosen name.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20046. If a majority of votes cast are in favor of forming the district, the board of supervisors shall by an order entered on its minutes declare the district formed under the name designated for it. (Added by Stats. 1951, Ch. 896.)
  89. 20047.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. )

    Verify source ↗

    A person may vote on forming a district, or on the first board of commissioners, only if the person is a voter under the Elections Code and lives within the proposed district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2.5. Election on Formation [20040 - 20047] ( Article 2.5 added by Stats. 1951, Ch. 896. ) ## 20047. No person is entitled to vote on the question of formation of a district, or for the first board of commissioners, unless that person is a voter within the meaning of the Elections Code, and a resident within the boundaries of the proposed district. (Amended by Stats. 1994, Ch. 923, Sec. 143. Effective January 1, 1995.)
  90. 2005.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This section says the chapter is severable: if one provision or application is held invalid, the rest can still stand if it can work without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2005. If any provision of this chapter or the application of any provision of this chapter in any circumstance or to any person, city, county, special district, school district, the state, or any agency or subdivision of the state, including the California State University and the University of California, is held invalid, that invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this chapter are severable. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  91. 2006.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    Challenges to a district’s validity must be brought under the cited civil procedure chapter, and judicial review under a different cited civil procedure chapter.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2006. (a) Any action to determine the validity of either the organization, or any action, of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (b) Any judicial review of an action taken pursuant to this chapter shall be conducted pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  92. 20060.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A district must be governed by a board of three commissioners, and each commissioner must be a resident of the district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20060. A district shall be governed by a district board of three commissioners, each of whom shall be a resident of the district. (Enacted by Stats. 1939, Ch. 60.)
  93. 20061.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    District elections must be called, held, and conducted as nearly as practicable under the Uniform District Election Law, unless this article provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20061. Except as otherwise provided in this article, all district elections shall be called, held, and conducted in all respects as nearly as practicable in conformity with the Uniform District Election Law. (Repealed and added by Stats. 1967, Ch. 29.)
  94. 20062.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The terms of office for board commissioners are set by different Elections Code sections depending on whether the district existed on January 1, 1969 or is a new district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20062. Notwithstanding any other provision of this part, the terms of office of commissioners of the board in all districts existing on January 1, 1969, shall be determined as provided in Section 10507 of the Elections Code, and the terms of office of commissioners of the board in all new districts shall be determined as provided in Section 10505 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 144. Effective January 1, 1995.)
  95. 20068.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If an elected commissioner’s office becomes vacant, the board must fill the vacancy by appointment.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20068. A vacancy occurring in the office of an elected commissioner shall be filled by an appointment of the board. (Enacted by Stats. 1939, Ch. 60.)
  96. 20069.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Every commissioner must serve without compensation.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20069. Every commissioner shall serve without compensation. (Enacted by Stats. 1939, Ch. 60.)
  97. 2007.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    Territory may be included in a district, but territory already in one mosquito abatement and vector control district cannot be placed in another.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 1. General Provisions [2000 - 2007] ( Article 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2007. (a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district. Territory that is already within a mosquito abatement and vector control district formed pursuant to this chapter may not be included within another mosquito abatement and vector control district. (b) Except as otherwise provided in this chapter, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code, shall govern any change of organization or reorganization of a district. In the case of any conflict between that division and this chapter, the provisions of this chapter shall prevail. (c) A district shall be deemed an “independent special district,” as defined by Section 56044 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  98. 20070.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must adopt all rules and regulations needed to administer, operate, and maintain the district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20070. The district board shall adopt all rules and regulations necessary for the administration, operation, and maintenance of the district. (Enacted by Stats. 1939, Ch. 60.)
  99. 20070.5.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A district police department, police chief, and employees have the same rights, duties, privileges, immunities, obligations, and powers as a municipal police department.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20070.5. (a) A district’s police department, police chief, and employees shall have all of the rights, duties, privileges, immunities, obligations, and powers of a municipal police department. (b) It is the intent of the Legislature that the act adding this section shall not affect the Broadmoor Police Protection District’s current reimbursements for any state-mandated local programs. (Added by Stats. 2007, Ch. 169, Sec. 1. Effective January 1, 2008.)
  100. 20071.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board decides how many employees are needed, appoints district employees, sets their duties and pay, and may delegate hiring and firing authority to the chief of police.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20071. (a) The district board shall determine the number of employees, if any, necessary for the proper care and protection of the life and property of residents in the district. (b) Except as provided in subdivision (c), the district board shall appoint all district employees and prescribe their duties and compensation. All of these employees shall hold their positions at the pleasure of the district board. (c) Notwithstanding subdivision (b), the district board may delegate to the chief of police the authority to appoint and dismiss district employees. (Amended by Stats. 2007, Ch. 169, Sec. 2. Effective January 1, 2008.)
  101. 20071.5.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district may contract with a municipality in its county or with the county to have police protection services furnished by a police agency.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20071.5. The district may contract with a municipality within the county in which the district is located or with the county for the furnishing of police protection service by any police agency of the municipality or county. (Added by Stats. 1949, Ch. 1524.)
  102. 20072.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may acquire land and build a police station, or buy land where a police station or suitable building already exists, for police equipment, apparatus, and ambulances.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20072. For the purpose of housing its police equipment and apparatus, and for housing its ambulances, the district board may acquire land and erect a police station; or acquire land on which a police station, or a building suitable for a police station, has been erected. (Amended by Stats. 1953, Ch. 1570.)
  103. 20073.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before buying real property for a police station, the district board may put the question to district voters at a special election or commissioner election.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20073. Before acquiring any real property for a police station, the district board may submit to the voters in the district at a special election, or at the election for a commissioner, the proposition whether or not land shall be acquired and a police station built thereon; or whether or not land on which a police station, or a building suitable for a police station, has been erected shall be acquired. The approval or disapproval of the voters shall be binding upon the district board. (Amended by Stats. 1967, Ch. 29.)
  104. 20074.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Real property acquired for a police station under this article must be conveyed to and held in the name of the named police commissioners board.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20074. All real property for a police station acquired pursuant to this article shall be conveyed to and held in the name of the “Board of Police Commissioners of the Police Protection District ______” (naming the district). (Enacted by Stats. 1939, Ch. 60.)
  105. 20075.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may pay for real property bought for a police station using annual district tax money or voter-approved special tax money.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20075. The district board may pay for any real property it acquires for a police station out of money derived from the annual district tax, or out of money derived from a special tax approved by the voters in the district at an election. The procedure and conduct of an election for the approval of a special tax shall conform to that specified in this chapter for the approval of a special tax for the establishment and equipment of a police department. (Enacted by Stats. 1939, Ch. 60.)
  106. 20076.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may sell or otherwise dispose of real property acquired for a police station, but voter approval is required first if the property was bought with voter approval, and the money must be used only to buy other real property.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20076. The district board may dispose of any real property acquired for a police station. The disposition shall, however, be first approved by the voters in the district at an election, if the property was acquired pursuant to their approval at an election. The proceeds from the disposition shall be exclusively devoted to the purchase of other real property. (Enacted by Stats. 1939, Ch. 60.)
  107. 20077.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board may make and award contracts, and it may sue and be sued in the name of the district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20077. The district board may make and award contracts and may sue and be sued in the name of the district. (Enacted by Stats. 1939, Ch. 60.)
  108. 20078.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must keep accurate records of its acts, proceedings, receipts, and disbursements, and obtain the books and blanks needed for that job.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20078. The district board shall keep a correct record of all its acts and proceedings, and of all its receipts and disbursements. For that purpose, it shall procure all necessary books and blanks. The books of the district board shall be open to public inspection at all times. (Enacted by Stats. 1939, Ch. 60.)
  109. 20079.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Each commissioner must hand over district board books and documents to their successor when their term ends, and take a receipt.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20079. Each commissioner shall, at the expiration of his term of office, turn over to his successor all books and documents in his possession belonging to the district board and take a receipt therefor. (Enacted by Stats. 1939, Ch. 60.)
  110. 20080.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must audit, allow, and pay district claims by warrants drawn on the county treasurer, and the county treasurer must honor those warrants in the order presented.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20080. All accounts, bills, and demands against the district shall be audited, allowed, and paid by the district board by warrants of the county auditor drawn on the county treasurer upon orders of the district board. The county treasurer shall honor the warrants in the order in which they are presented. (Enacted by Stats. 1939, Ch. 60.)
  111. 20081.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must perform additional duties that are proper and necessary to carry out this part.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [20060 - 20081] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 20081. In addition to the duties specified in this chapter, the district board shall perform such other duties as are proper and necessary to carry out this part. (Enacted by Stats. 1939, Ch. 60.)
  112. 2010.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A new district may be formed under this article.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2010. A new district may be formed pursuant to this article. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  113. 20101.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must call an election and put to the district voters the question of levying a special tax for a police department.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20101. The district board shall call an election at which it shall submit to the voters in the district the question whether a special tax shall be levied for establishing and equipping a police department for the protection of life and property in the district. (Enacted by Stats. 1939, Ch. 60.)
  114. 20102.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An election must be called by posting notices in three of the most public places in the district for at least ten days, and by newspaper notice if the district has a newspaper.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20102. The election shall be called by posting notices in three of the most public places in the district for not less than ten days; and if there is a newspaper printed and published in the district, by publishing a notice in at least two regular issues of the newspaper. (Enacted by Stats. 1939, Ch. 60.)
  115. 20103.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The notice must state the election time and place and the amount needed to establish and equip the police department.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20103. The notice shall specify the time and place of the election, and the amount required for the establishment and equipment of the police department. (Enacted by Stats. 1939, Ch. 60.)
  116. 20104.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    On the ballot, the words “Yes” and “No” must be printed on separate lines, with voting targets.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20104. To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Repealed and added by Stats. 2025, Ch. 303, Sec. 24. (AB 1512) Effective January 1, 2026.)
  117. 20105.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must appoint three judges and two clerks to run the election, follow the general election law as far as practicable, and may open the polls from 8:00 a.m. to 5:00 p.m. on election day.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20105. The district board shall appoint three judges and two clerks to conduct the election. The election shall be conducted as far as practicable pursuant to the general election law; but neither a new register nor legal ballot paper is required, and the polls may be opened at eight o'clock a.m., and closed at five o'clock p.m. on the day of the election. (Enacted by Stats. 1939, Ch. 60.)
  118. 20106.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Judges of the election must report and certify the vote count to the district board within 24 hours after the election.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20106. Within twenty-four hours after the election, the judges of the election shall report and certify to the district board the number of votes cast for and against the tax. (Enacted by Stats. 1939, Ch. 60.)
  119. 20107.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If most votes are in favor of the tax, the district board must report to the board the amount of money authorized to be raised.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20107. If the majority of the votes cast are in favor of the tax, the district board shall report to the board the amount of money authorized to be raised. (Enacted by Stats. 1939, Ch. 60.)
  120. 20108.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The district board must prepare an annual money estimate for police department and related district needs, and submit it to the board by July 1 each year.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20108. The district board shall make an annual estimate of the amount of money required during the ensuing fiscal year for the maintenance of any police department established in the district, and for the cost of any other thing necessary for carrying out this part; and shall submit it to the board not later than the first day of July of each year. (Enacted by Stats. 1939, Ch. 60.)
  121. 20109.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    County auditors must allocate each district’s share of property tax revenue to the district.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20109. The auditor of each county in which a district is located shall allocate to the district, its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Repealed and added by Stats. 2007, Ch. 343, Sec. 15.3. Effective January 1, 2008.)
  122. 2011.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district may be formed by petition, but the petition must meet listed content, signature, and compliance requirements.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2011. (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In addition, the petition shall: (1) Set forth the methods by which the district will be financed, including, but not limited to, special taxes, special benefit assessments, and fees. (2) Propose a name for the district. (3) Specify the size of the initial board of trustees and the method of their appointment. (b) The petitions, the proponents, and the procedures for certifying the sufficiency of the petitions shall comply with Chapter 2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5 of the Government Code. In the case of any conflict between Chapter 2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5 of the Government Code and this article, the provisions of this article shall prevail. (c) The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  123. 20110.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A district may levy special taxes and services under the listed Government Code provisions.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20110. A district may levy special taxes services pursuant to the following: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of the Government Code. (b) Article 16 (commencing with Section 53970) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Repealed and added by Stats. 2007, Ch. 343, Sec. 15.5. Effective January 1, 2008.)
  124. 20112.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Money collected under this article must be paid into the county treasury for the district’s use, and the county treasurer may pay it out only on county auditor warrants issued on the district board’s orders.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20112. All money collected pursuant to this article shall be paid into the county treasury for the use of the district. The county treasurer shall pay it out on warrants of the county auditor drawn on the county treasurer upon orders of the district board. (Enacted by Stats. 1939, Ch. 60.)
  125. 20113.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The county treasurer may not receive compensation for duties related to collecting and disbursing money under this article.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [20101 - 20113] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 20113. The county treasurer shall not receive any compensation for performing duties relating to the receipt and disbursement of money collected pursuant to this article. (Enacted by Stats. 1939, Ch. 60.)
  126. 20115.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. Claims [20115- 20115.] ( Article 4.1 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are generally governed by specified Government Code claims procedures, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 14. POLICE PROTECTION [20000 - 20115] ( Division 14 enacted by Stats. 1939, Ch. 60. ) ## PART 1. POLICE PROTECTION DISTRICTS [20000 - 20115] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. In Unincorporated Towns [20000 - 20115] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. Claims [20115- 20115.] ( Article 4.1 added by Stats. 1959, Ch. 1727. ) ## 20115. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  127. 2012.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    Before circulating a petition, the proponents must publish a notice of intention, and then file the published notice and a newspaper affidavit within five days after publication.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2012. (a) Before circulating any petition, the proponents shall publish a notice of intention that includes a written statement not to exceed 500 words in length, setting forth the reasons for forming the district and the methods by which the district will be financed. The notice shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the territory proposed to be included in the district. If the territory proposed to be included in the district is located in more than one county, publication of the notice shall be made in at least one newspaper of general circulation in each of the counties. (b) The following shall be signed by a representative of the proponent, and shall be in substantially the following form: “Notice of Intent to Circulate Petition “Notice is hereby given of the intention to circulate a petition proposing to form the _______________ (name of the district). The reasons for forming the proposed district are: _______________. The method(s) by which the proposed district will be financed are: _______________.” (c) Within five days after the date of publication, the proponents shall file with the executive officer of the local agency formation commission of the principal county a copy of the notice together with an affidavit made by a representative of the newspaper in which the notice was published certifying to the fact of the publication. (d) After the filing required pursuant to subdivision (c), the petition may be circulated for signatures. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  128. 2013.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A county or city legislative body may adopt a resolution to propose forming a new district, but it must hold a public hearing, give mailed notice at least 20 days before the hearing, allow public comment, and the clerk must file a certified copy with the local agency formation commission.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2013. (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. Except for the provisions regarding the signers, signatures, and the proponents, a resolution of application shall contain all of the matters required for inclusion in a petition in Section 2011. (b) Before adopting a resolution of application, the legislative body shall hold a public hearing on the resolution. Notice of the hearing shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the county or city. At least 20 days before the hearing, the legislative body shall give mailed notice of its hearing to the executive officer of the local agency formation commission of the principal county. The notice shall generally describe the proposed formation of the district and the territory proposed to be included in the district. (c) At the hearing required by subdivision (b), the legislative body shall give any person an opportunity to present his or her views on the resolution. (d) The clerk of the legislative body shall file a certified copy of the resolution of application with the executive officer of the local agency formation commission of the principal county. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  129. 2014.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    The local agency formation commission must follow specific procedures for forming a district, depending on whether a sufficient petition or resolution is filed, whether the proposal is approved, and whether a majority protest exists.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 2. Formation [2010 - 2014] ( Article 2 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2014. (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Part 3 (commencing with Section 56650) of Division 3 of Title 5 of the Government Code. (b) If the local agency formation commission approves the proposal for the formation of a district, then, notwithstanding Section 57007 of the Government Code, the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5 of the Government Code. (c) Notwithstanding Section 57075 of the Government Code, the local agency formation commission shall take one of the following actions: (1) If a majority protest exists in accordance with Section 57078 of the Government Code, the commission shall terminate proceedings. (2) If no majority protest exists, the commission shall either: (A) Order the formation without an election. (B) Order the formation subject to the approval by the voters of a special tax or the approval by the property owners of a special benefit assessment. (d) If the local agency formation commission orders the formation of a district pursuant to subparagraph (B) of paragraph (2) of subdivision (c), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  130. 2020.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    The board of trustees governs each district, sets district operating policies, and must ensure employees carry out those policies.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2020. A legislative body of at least five members known as the board of trustees shall govern every district. The board of trustees shall establish policies for the operation of the district. The board of trustees shall provide for the faithful implementation of those policies which is the responsibility of the employees of the district. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  131. 2021.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district’s board of trustees must be appointed within 30 days after formation, with the appointing authorities depending on the district’s county and territory makeup.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2021. Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows: (a) In the case of a district that contains only unincorporated territory in a single county, the board of supervisors shall appoint five persons to the board of trustees. (b) In the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, the board of supervisors may appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district may appoint one person to the board of trustees. If those appointments result in a board of trustees with less than five trustees, the board of supervisors shall appoint enough additional persons to make a board of trustees of five members. (c) In the case of a district that contains only unincorporated territory in more than one county, the board of supervisors of each county may appoint one person to the board of trustees. If those appointments result in a board of trustees with less than five persons, the board of supervisors of the principal county shall appoint enough additional persons to make a board of trustees of five members. (d) In the case of a district that is located in two or more counties and contains both incorporated territory and unincorporated territory, the board of supervisors of each county may appoint one person to the board of trustees, and the city council of each city that is located in whole or part within the district may appoint one person to the board of trustees. If those appointments result in less than five persons, the board of supervisors of the principal county shall appoint enough additional persons to make a board of trustees of five members. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  132. 2021.5.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This section sets how the San Mateo County Mosquito and Vector Control District board is appointed, but only after the required local resolutions are approved.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2021.5. (a) Notwithstanding Section 2021, the Board of Trustees of the San Mateo County Mosquito and Vector Control District may be appointed as follows: (1) The San Mateo County Board of Supervisors shall appoint two trustees. (2) The city selection committee in the County of San Mateo, established pursuant to Article 11 (commencing with Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, shall appoint one trustee from each county supervisorial district; however, the committee shall not appoint a trustee to serve on the board at the same time as another trustee if both trustees would represent the same city as a result of that appointment. (b) This section shall apply only if a majority of the legislative bodies that include the city councils in, and the Board of Supervisors of, the County of San Mateo adopt resolutions approving the change in board composition. (c) Upon adoption of a resolution pursuant to subdivision (b), the city council or board of supervisors shall forward a copy of the resolution to the local agency formation commission. If a majority of the legislative bodies that include the city councils in, and the Board of Supervisors of, the County of San Mateo adopt a resolution, the local agency formation commission shall adopt procedures for the reorganization of the board of trustees and notify the San Mateo County Mosquito and Vector Control District and the city selection committee in the County of San Mateo. (Added by Stats. 2016, Ch. 288, Sec. 1. (AB 1362) Effective January 1, 2017.)
  133. 2022.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This section sets qualifications for board of trustees members and requires trustees to act independently for the public interest.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2022. (a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the county that is within the district. (b) Each person appointed by a city council to be a member of a board of trustees shall be a voter in that city and a resident of that portion of the city that is within the district. (c) Notwithstanding any other provision of law including the common law doctrine that precludes the simultaneous holding of incompatible offices, a member of a city council may be appointed and may serve as a member of a board of trustees if that person also meets the other applicable qualifications of this chapter. (d) It is the intent of the Legislature that persons appointed to boards of trustees have experience, training, and education in fields that will assist in the governance of the districts. (e) All trustees shall exercise their independent judgment on behalf of the interests of the residents, property owners, and the public as a whole in furthering the purposes and intent of this chapter. The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors or the city council that appointed them. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  134. 2023.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This section sets how the initial board of trustees is formed and when it must first meet.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2023. (a) The initial board of trustees of a district formed on or after January 1, 2003, shall be determined pursuant to this section. (b) The persons appointed to the initial board of trustees shall meet on the first Monday after 45 days after the effective date of the formation of the district. (c) At the first meeting of the initial board of trustees, the trustees shall classify themselves by lot into two classes, as nearly equal as possible. The term of office of the class having the greater number shall expire at noon on the first Monday in January that is closest to the second year from the appointments made pursuant to Section 2021. The term of office of the class having the lesser number shall expire at noon on the first Monday in January that is closest to the first year from the appointments made pursuant to Section 2021. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  135. 2024.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A board of trustees member serves a two- or four-year term set by the appointing authority, except as provided in Section 2023. Vacancy appointments must serve the rest of the unexpired term.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2024. (a) Except as provided in Section 2023, the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority. Terms of office commence at noon on the first Monday in January. (b) Any vacancy in the office of a member appointed to a board of trustees shall be filled pursuant to Section 1779 of the Government Code. Any person appointed to fill a vacant office shall fill the balance of the unexpired term. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  136. 2025.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A board of trustees must have at least five members, and the county’s unincorporated-area representatives generally may not exceed five, except as allowed by Section 2026.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2025. (a) Under no circumstances shall a board of trustees consist of less than five members. Except as provided in Section 2026, the number of members who represent the unincorporated territory of a county may not exceed five members. (b) A board of trustees may adopt a resolution requesting the board of supervisors of any county that contains territory within the district to increase or decrease the number of members of the board of trustees who represent the unincorporated territory of that county within the district. The resolution shall specify the number of members and the areas of the unincorporated territory for which the board of trustees requests the increase or decrease. (c) Within 60 days of receiving a resolution adopted pursuant to subdivision (b), the board of supervisors shall order the increase or decrease in the number of members of the board of trustees, consistent with the board of trustees’ resolution. (d) If the board of supervisors orders an increase in the number of members of the board of trustees, the board of supervisors shall appoint a person or persons to the board of trustees and specify their term of office, consistent with the requirements of this chapter. If the board of supervisors orders a decrease in the number of members of the board of trustees, the board of supervisors shall designate the trustee or trustees whose office shall be eliminated at the termination of the trustee’s current term of office. Any trustee whose office is designated to be eliminated shall continue to serve until his or her term of office expires. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  137. 2026.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A local agency formation commission may change the size of a consolidated or reorganized district’s board of trustees, but the new size must be odd and at least five.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2026. (a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two more districts into a single district, may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, change the number of members on the board of trustees of the consolidated or reorganized district, provided that the resulting number of trustees shall be an odd number but not less than five. (b) Upon the expiration of the terms of the members of the board of trustees of the consolidated or reorganized district whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of trustees shall be reduced until the number equals the number of members determined by the local agency formation commission. (c) Notwithstanding subdivision (b) of Section 2024, in the event of a vacancy on the board of trustees of the consolidated or reorganized district at a time when the number of members of the board of trustees is greater than the number determined by the local agency formation commission, the vacancy shall not be filled and the membership of the board of trustees shall be reduced by one member. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  138. 2027.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    The board must elect its officers at the required first meeting, and the president must be a trustee.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2027. (a) At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district at the first meeting in January every year or every other year, the board of trustees shall elect its officers. (b) The officers of a board of trustees are a president and a secretary. The president shall be a trustee. The secretary may be either a trustee or a district employee. A board of trustees may create additional officers and elect members to those positions. No trustee shall hold more than one office. (c) Except as provided in Section 2077, the county treasurer of the principal county shall act as the district treasurer. The county treasurer shall receive no compensation for the receipt and disbursement of money of the district. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  139. 2028.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A board of trustees must meet at least once every three months.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2028. A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  140. 2029.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    The board of trustees must have a majority present for a quorum, use a recorded majority vote for actions unless the chapter says otherwise, act only by ordinance, resolution, or motion, keep records of its acts and financial transactions, and adopt rules for its proceedings.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2029. (a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the contrary in this chapter, a recorded vote of a majority of those trustees present and voting is required on each action. (c) The board of trustees shall act only by ordinance, resolution, or motion. (d) The board of trustees shall keep a record of all of its acts, including financial transactions. (e) The board of trustees shall adopt rules for its proceedings. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  141. 2030.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    Board members serve without compensation, but they may be reimbursed for approved travel and incidental expenses, or receive a monthly allowance instead. The secretary may also receive compensation set by the board.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 3. Boards of Trustees and Officers [2020 - 2030] ( Article 3 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2030. (a) The members of the board of trustees shall serve without compensation. (b) The members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred while on official business. In lieu of paying for actual expenses, the board of trustees may by resolution provide for the allowance and payment to each trustee a sum not to exceed one hundred dollars ($100) per month for expenses incurred while on official business. A trustee may waive the payments permitted by this subdivision. (c) Notwithstanding subdivision (a), the secretary of the board of trustees may receive compensation in an amount determined by the board of trustees. (d) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 8. Effective January 1, 2006.)
  142. 2040.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district may conduct surveillance, studies, prevention, abatement, control, and other actions related to vectors and vectorborne diseases within its boundaries and nearby outside areas from which those vectors or diseases may enter.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2040. Within the district’s boundaries or in territory that is located outside the district from which vectors and vectorborne diseases may enter the district, a district may do all of the following: (a) Conduct surveillance programs and other appropriate studies of vectors and vectorborne diseases. (b) Take any and all necessary or proper actions to prevent the occurrence of vectors and vectorborne diseases. (c) Take any and all necessary or proper actions to abate or control vectors and vectorborne diseases. (d) Take any and all actions necessary for or incidental to the powers granted by this chapter. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  143. 2041.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district has broad powers to carry out this chapter, including acquiring, selling, leasing, donating, and improving property, hiring staff and services, and taking related actions.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2041. A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this chapter, including, but not limited to, all of the following powers: (a) To sue and be sued. (b) To acquire by purchase, eminent domain, or other lawful means, any real property within the district or any personal property that may be necessary or proper to carry out the purposes and intent of this chapter. (c) To sell, lease, or otherwise dispose of any real or personal property. Every sale of property shall be to the highest bidder. The board shall publish notice of the sale pursuant to Section 6066 of the Government Code. A board of trustees may exchange equivalent properties if the board determines that the exchange is in the best interests of the district. (d) To donate any surplus real or personal property to any public agency or nonprofit organization. (e) To purchase the supplies and materials, employ the personnel, and contract for the services that may be necessary or proper to carry out the purposes and intent of this chapter. (f) To build, repair, and maintain on any land the dikes, levees, cuts, canals, or ditches that may be necessary or proper to carry out the purposes and intent of this chapter. (g) To contract to indemnify or compensate any property owner for any injury or damage necessarily caused by the use or taking of real or personal property for dikes, levees, cuts, canals, or ditches. (h) To engage necessary personnel, to define their qualifications and duties, and to provide a schedule of compensation for the performance of their duties. (i) To engage counsel and other professional services. (j) To adopt a seal and alter it at pleasure. (k) To provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. ( l) To participate in, review, comment, and make recommendations regarding local, state, or federal land use planning and environmental quality processes, documents, permits, licenses, and entitlements for projects and their potential effects on the purposes and intent of this chapter. (m) To take any and all actions necessary for, or incidental to, the powers expressed or implied by this chapter. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  144. 2042.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district must comply with specified Government Code articles when acquiring, improving, or using any real property.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2042. When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5, and Article 7 (commencing with Section 65400) of Chapter 1 of Division 1 of Title 7 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  145. 2043.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district has perpetual succession; its board may change the district name by a two-thirds vote, the name must include specified district wording, the board must file the resolution within 10 days, and a district may destroy records under the cited Government Code procedure.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2043. (a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to change the name of the district. The name shall contain the words “mosquito abatement district,” “vector control district,” “mosquito and vector control district,” “mosquito control district,” or “vector management district.” The resolution shall comply with the requirements of Chapter 23 (commencing with Section 7530) of Division 7 of Title 1 of the Government Code. Within 10 days of its adoption, the board of trustees shall file a copy of its resolution with the Secretary of State, the county clerk, the board of supervisors, and the local agency formation commission of each county in which the district is located. (c) A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Amended by Stats. 2005, Ch. 158, Sec. 18. Effective January 1, 2006.)
  146. 2044.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district may work with public or federal agencies and enter related agreements, including joint powers agreements, to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2044. (a) A district may cooperate with any public agency or federal agency to carry out the purposes and intent of this chapter. To that end, a district may enter into agreements with those other public agencies or federal agencies to take any and all actions necessary or convenient for carrying out the purposes and intent of this chapter. (b) A district may jointly acquire, construct, improve, maintain, and operate any facilities, projects, or programs with any other public agency or federal agency to carry out the purposes and intent of this chapter. Nothing in this chapter shall be construed to prohibit any joint or cooperative action with other public agencies or federal agencies. (c) A district may enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  147. 2045.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district may contract with public agencies and federal agencies to provide authorized services, projects, or programs within the relevant boundaries.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2045. A district may contract with other public agencies and federal agencies to provide any service, project, or program authorized by this chapter within the district’s boundaries. A district may contract with other public agencies and federal agencies to provide any service, project, or program authorized by this chapter within the boundaries of the other public agencies and federal agencies. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  148. 2046.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    Each district must adopt procurement policies and bidding regulations for buying supplies and equipment, and may ask certain state or county purchasing authorities to make purchases or contracts on its behalf.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2046. (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall adopt these policies and procedures by rule or regulation pursuant to Article 7 (commencing with Section 54201) of Chapter 5 of Division 2 of Title 5 of the Government Code. (b) A district may request the State Department of General Services to make purchases of materials, equipment, or supplies on its behalf pursuant to Section 10298 of the Public Contract Code. (c) A district may request the purchasing agent of the principal county to make purchases on materials, equipment, or supplies on its behalf pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3 of the Government Code. (d) A district may request the purchasing agent of the principal county to contract with persons to provide services, projects, and programs authorized by this chapter pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  149. 2047.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A person must not restrain, hinder, obstruct, threaten, or interfere with district officers, employees, or district work; doing so is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2047. Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in the performance of that person’s duties, or any person who interferes with any work done by, or under the direction of, the district is guilty of a misdemeanor. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  150. 2048.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    This section says the Meyers-Milias-Brown Act applies to all districts, and a board of trustees may adopt an ordinance to set up an employee relations system.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2048. (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b) A board of trustees may adopt an ordinance establishing an employee relations system that may include, but is not limited to, a civil service system or a merit system. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  151. 2049.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A board of trustees may require employees or officers to be bonded, and the district must pay the bond costs.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2049. A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  152. 2050.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A board of trustees may provide programs for the benefit of its employees and its own board members.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2050. A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  153. 2051.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

    Verify source ↗

    A district may let board members and employees attend certain meetings and may pay their actual, necessary travel and incidental expenses for official business.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2051. A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their actual and necessary traveling and incidental expenses while on official business. The payment of expenses pursuant to this section may be in addition to the payments made pursuant to Section 2030. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2006, Ch. 643, Sec. 23. Effective January 1, 2007.)
  154. 2052.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

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    District employees who handle, apply, or supervise pesticide use for public health purposes must be certified by the department as vector control technicians in at least one listed category.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2052. (a) Pursuant to Article 4 (commencing with Section 106925) of Chapter 4 of Part 1 of Division 104, every district employee who handles, applies, or supervises the use of any pesticide for public health purposes shall be certified by the department as a vector control technician in at least one of the following categories commensurate with the assigned duties: (1) Mosquito control. (2) Terrestrial invertebrate vector control. (3) Vertebrate vector control. (b) The department may establish, by regulation, exemptions from the requirements of this section that the department deems reasonably necessary to further the purposes of this section. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  155. 2053.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district may request an inspection and abatement warrant, and district employees may enter property for specified inspection, abatement, compliance, and vector-control purposes.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2053. (a) A district may request an inspection and abatement warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. A warrant issued pursuant to this section shall apply only to the exterior of places, dwellings, structures, and premises. The warrant shall state the geographic area which it covers and shall state its purposes. A warrant may authorize district employees to enter property only to do the following: (1) Inspect to determine the presence of vectors or public nuisances. (2) Abate public nuisances, either directly or by giving notice to the property owner to abate the public nuisance. (3) Determine if a notice to abate a public nuisance has been complied with. (4) Control vectors and treat property with appropriate physical, chemical, or biological control measures. (b) Subject to the limitations of the United States Constitution and the California Constitution, employees of a district may enter any property, either within the district or property that is located outside the district from which vectors may enter the district, without hindrance or notice for any of the following purposes: (1) Inspect the property to determine the presence of vectors or public nuisances. (2) Abate public nuisances pursuant to this chapter, either directly or by giving notice to the property owner to abate the public nuisance. (3) Determine if a notice to abate a public nuisance has been complied with. (4) Control vectors and treat property with appropriate physical, chemical, or biological control measures. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  156. 2054.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

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    When a district or zone boundary changes, the district must comply with Chapter 8 of the Government Code starting at Section 54900.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2054. Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2005, Ch. 158, Sec. 19. Effective January 1, 2006.)
  157. 2055.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district or another public agency may appeal a vector-control dispute decision to the department director within 10 days, and the director must decide it within 30 days after receiving the appeal.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2055. (a) In any dispute between a district and another public agency over the need to prevent, abate, or control, or the methods and materials used to prevent, abate, or control vectors or vectorborne diseases, the district or the other public agency may appeal the decision to the director of the department within 10 days of the decision. (b) Within 30 days of receiving an appeal pursuant to subdivision (a), the director of the department shall consult with the affected agencies, take written and oral testimony, decide the appeal, and convey the decision to the affected agencies. The director’s decision shall be consistent with the purposes of this chapter. The decision of the director of the department shall be final and conclusive. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  158. 2056.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. )

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    An electrical utility must enter into a vector management agreement within 180 days after a qualifying request, and receiving districts or health departments must keep disclosed utility infrastructure data confidential.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 4. Powers [2040 - 2056] ( Article 4 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2056. (a) (1) An electrical utility, upon receiving a request from a mosquito abatement district or vector control district or a city or county health department, shall enter into a vector management agreement with the requesting entity within 180 days of the request. (2) A mosquito abatement district or vector control district or a city or county health department may seek a vector management agreement with an electrical utility pursuant to this section if efforts to obtain a voluntary cooperation agreement from the electrical utility have failed. (b) A vector management agreement shall contain, but not be limited to, all of the following provisions: (1) The locations of electrical vaults that the electrical utility, mosquito abatement district, or vector control district reasonably believe, due to the type or the location of the vault, may contain standing water within the jurisdiction of the district or health department. (2) (A) A reasonable time period for the electrical utility to provide supervised access to its electrical vaults to the district or health department for surveillance, treatment, and post-treatment inspections. (B) In determining the time period in subparagraph (A), the district or health department and the electrical utility shall consider the seasonality of mosquito activity in the area. (3) The contact information for relevant individuals at the district or health department and the electrical utility. (4) A time line for the periodic update of the information in this subdivision. (5) Consideration, where feasible, of modifications to electrical vaults for the purposes of mosquito exclusion or discharge of captured waters. (6) A minimum term of three years for the agreement, with provisions for modification or extension of the agreement. (c) This section does not affect the existing authority of a mosquito abatement district or vector control district under Section 2040. (d) (1) Utility infrastructure data disclosed pursuant to an agreement entered into pursuant to this section shall be kept confidential by the mosquito abatement district, vector control district, or city or county health department that receives the data. (2) Data disclosure by the utility may be limited to the affected geographical area identified by the mosquito abatement district, vector control district, or health department, and disclosed in a manner deemed as a best practice by the utility for the safety and security of public utility infrastructure. (e) An electrical utility that has an existing vector management agreement with a mosquito abatement district, vector control district, or a city or county health department is not subject to this section for as long as the agreement is in effect. (f) For the purposes of this section, the following terms have the following meanings: (1) “Electrical utility” means an electrical corporation, as defined in Section 218 of the Public Utilities Code, or a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code. (2) “Electrical vault” means an enclosure, either above or below ground, that may contain transformers or other electrical equipment and is the property of an electrical utility. (Amended by Stats. 2025, Ch. 67, Sec. 117. (AB 1170) Effective January 1, 2026.)
  159. 2060.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district may abate a public nuisance, and the person or agency connected to the property or water control must be responsible for abating a nuisance caused by that property or water control.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2060. (a) A district may abate a public nuisance pursuant to this article. (b) The person or agency claiming ownership, title, or right to property or who controls the diversion, delivery, conveyance, or flow of water shall be responsible for the abatement of a public nuisance that is caused by, or as a result of, that property or the diversion, delivery, conveyance, or control of that water. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  160. 2061.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees may start a nuisance-abatement process by notifying a property owner, and it must give notice, hold a hearing, and order abatement if a public nuisance is found.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2061. (a) Whenever a public nuisance exists on any property within a district or on any property that is located outside the district from which vectors may enter the district, the board of trustees may notify the owner of the property of the existence of the public nuisance. (b) The notice required by subdivision (a) shall do all of the following: (1) State that a public nuisance exists on the property, describe the public nuisance, and describe the location of the public nuisance on the property. (2) Direct the owner of the property to abate the nuisance within a specified time. (3) Direct the owner of the property to take any necessary action within a specified time to prevent the recurrence of the public nuisance. (4) Inform the owner of the property that the failure to comply with the requirements of the notice within the specified times may result in the district taking the necessary actions, and that the owner shall be liable for paying the costs of the district’s actions. (5) Inform the owner of the property that the failure to comply with the requirements of the notice within the specified times may result in the imposition of civil penalties of up to one thousand dollars ($1,000) per day for each day that the public nuisance continues after the specified times. (6) Inform the owner of the property that before complying with the requirements of the notice, the owner may appear at a hearing of the board of trustees at a time and place stated in the notice. (c) The board of trustees shall cause the notice required by subdivision (a) to be served on the owner of the property in the same manner as a summons in a civil action. If, after a diligent search, the notice cannot be served on the owner of the property, the board of trustees shall cause the notice to be posted in a conspicuous place on the property for not less than 10 days before the hearing. Not less than 10 days before the hearing, the board of trustees shall also cause a copy of the notice to be mailed by certified mail to the owner of the property at the address shown on the most recent assessment roll of the county in which the property is located. (d) At the hearing before the board of trustees at the time and place stated in the notice, the board of trustees shall accept written and oral testimony from the property owner and other persons. At the close of the hearing, the board of trustees shall find, based on substantial evidence in the record, whether a public nuisance exists on the property. If the board of trustees finds that a public nuisance exists, the board of trustees shall order the owner of the property to abate the public nuisance and to take other necessary actions to prevent the recurrence of the public nuisance. The board of trustees shall specify a reasonable time by which the owner of the property shall comply with these requirements. (e) If the owner of the property does not abate the public nuisance and take the necessary actions to prevent the recurrence of the public nuisance within the time specified by the board of trustees, the district may abate the public nuisance and take the necessary actions to prevent the recurrence of the public nuisance. In addition, the board of trustees may impose civil penalties pursuant to Section 2063. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  161. 2062.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A board of trustees may not declare an agricultural operation a public nuisance because of immature flies if the operation is designed and managed in line with accepted fly-control standards.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2062. (a) A board of trustees shall not declare an agricultural operation to be a public nuisance because of the presence of immature flies if the board determines that the agricultural operation is designed and managed consistent with the accepted standards and practices for controlling fly development on similar agricultural operations. (b) As used in this section, “accepted standards and practices” means those standards and practices determined by the University of California Cooperative Extension, the department, or local public health agencies. These standards and practices include, but are not limited to, all of the following: (1) Property design and layout of the agricultural operation to minimize the opportunity for fly development. (2) A comprehensive system for manure management to include storage, removal, and disposal. (3) A comprehensive system for green waste management to include storage, removal, and disposal. (4) An integrated pest management program to control the development and harborage of flies, including the components of surveillance, management, containment, and control. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  162. 2063.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A board of trustees may impose a civil penalty on a property owner who fails to comply with Section 2061, and the penalty cannot exceed $1,000 per day for each day of noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2063. In addition to abating the public nuisance and taking any necessary actions to prevent the recurrence of the public nuisance, a board of trustees may impose a civil penalty on the owner of the property for failure to comply with the requirements of Section 2061. The civil penalty may not exceed one thousand dollars ($1,000) per day for each day that the owner of the property fails to comply with the district’s requirements. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  163. 2064.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A board of trustees may treat a recurrence of a public nuisance previously abated under Section 2061 as a continuation of the original nuisance.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2064. A board of trustees may consider any recurrence of a public nuisance abated pursuant to Section 2061 to be a continuation of the original public nuisance. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  164. 2065.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The property owner must pay the district’s abatement costs and any civil penalty; if unpaid within 60 days, the board may charge the amounts to the property and record an abatement lien.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2065. (a) The owner of the property abated pursuant to Section 2061 shall pay the district for the cost of abating the public nuisance and the cost of any necessary actions to prevent the recurrence of the public nuisance. The owner shall also pay any civil penalty imposed pursuant to Section 2063. (b) If the owner of the property fails to pay the district’s costs within 60 days, the board of trustees may order the costs and any civil penalties charged and collected against the property. The charge shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the costs and civil penalties charged and collected against the property. (c) If the board of trustees charges the costs and any civil penalties against the parcel, the board of trustees may also cause the notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner of the property, set forth the last known address of the record owner, set forth the date upon which the abatement of the public nuisance was ordered by the board of trustees, set forth the date upon which the abatement and any necessary actions to prevent the recurrence of the public nuisance was complete, and include a description of the real property subject to the lien and the amount of the cost and any civil penalties. (d) However, if the board of trustees does not cause the recordation of a notice of abatement lien pursuant to subdivision (c), and any real property to which the costs and any civil penalties relate has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property, prior to the date on which the first installment of county taxes would become delinquent, then the cost and any civil penalties may not result in a lien against that real property but shall be transferred to the unsecured roll for collection. (e) Recordation of a notice of abatement lien pursuant to subdivision (c) shall have the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created shall have the same priority as a judgment lien on real property and shall continue in effect until released. Upon order of the board of trustees, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  165. 2066.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    Property owned by a public agency is not subject to this article’s lien provisions, and the public agency must pay the district’s abatement costs, necessary prevention costs, and any civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2066. The lien provisions of this article shall not apply to property owned by a public agency. Notwithstanding Section 6103 of the Government Code or any other provision of law, a public agency shall pay the district for the cost of abating the public nuisance, the cost of any necessary actions to prevent the recurrence of the public nuisance, and any civil penalties. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  166. 2067.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A county must pay to the district money it collects from a lien under this article, except amounts authorized by Government Code Section 29304.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 5. Abatement [2060 - 2067] ( Article 5 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2067. Any money collected by a county from a lien authorized pursuant to this article, other than the amounts authorized pursuant to Section 29304 of the Government Code, shall be paid to the district. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  167. 2070.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees must adopt a final budget by August 1 each year and send a copy to each county auditor where the district is located.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2070. (a) On or before August 1 of each year, the board of trustees shall adopt a final budget, which shall conform to the accounting and budgeting procedures for special districts contained in Subchapter 3 (commencing with Section 1031.1) of, and Article 1 (commencing with Section 1121) of Subchapter 4 of Division 2 of Title 2 of the California Code of Regulations. The board of trustees may divide the annual budget into categories, including, but not limited to: (1) Maintenance and operation. (2) Employee compensation. (3) Capital outlay. (4) Interest and redemption for indebtedness. (5) Restricted reserve for public health emergencies. (6) Restricted reserve for capital and asset preservation. (7) Restricted reserve for contingencies. (8) Unallocated general reserve. (b) The board of trustees shall forward a copy of the final budget to the auditor of each county in which the district is located. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  168. 2071.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees may create restricted reserves in its annual budget, but if it does, it must state the exclusive purposes for the reserve and use the funds only for those purposes.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2071. (a) In its annual budget, the board of trustees may establish one or more restricted reserves. When the board of trustees establishes a restricted reserve, it shall declare the exclusive purposes for which the funds in the reserve may be spent. The funds in the restricted reserve shall be spent only for the exclusive purposes for which the board of trustees established the restricted reserve. The reserves shall be maintained according to generally accepted accounting principles. (b) Any time after the establishment of a restricted reserve, the board of trustees may transfer any funds to that restricted reserve. (c) Notwithstanding any other provision of this section, in a public health emergency, a board of trustees may, by majority vote of the total membership of the board of trustees, temporarily transfer funds from other restricted reserves to the restricted reserve for public health emergencies. (d) If the board of trustees finds that the funds in a restricted reserve are no longer required for the purpose for which the restricted reserve was established, the board of trustees may, by a four-fifths vote of the total membership of the board of trustees, discontinue the restricted reserve or transfer the funds that are no longer required from the restricted reserve to the district’s general fund. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  169. 2072.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    Each year, the board of trustees must adopt a resolution setting its appropriations limit by July 1, unless the section does not apply to a qualifying district.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2072. (a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIII B of the California Constitution and Division 9 (commencing with Section 7900) of the Government Code. (b) Pursuant to subdivision (c) of Section 9 of Article XIII B of the California Constitution, this section shall not apply to a district which existed on January 1, 1978, and that did not as of the 1977–78 fiscal year levy an ad valorem tax on property in excess of twelve and one-half cents ($0.125) per one hundred dollars ($100) of assessed value. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  170. 2073.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    County auditors must allocate each district’s share of property tax revenue under the referenced Revenue and Taxation Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2073. The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  171. 2074.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district may accept money, goods, services, and other resources for lawful district purposes, and may borrow money and incur debt under specified Government Code articles.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2074. (a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district. (b) In addition to any other existing authority, a district may borrow money and incur indebtedness pursuant to Article 7 (commencing with Section 53820), Article 7.4 (commencing with Section 53835), Article 7.5 (commencing with Section 53840), Article 7.6 (commencing with Section 53850), and Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2010, Ch. 699, Sec. 25.1. (SB 894) Effective January 1, 2011.)
  172. 2075.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    Claims for money or damages against a district are handled under specified Government Code provisions.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2075. All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  173. 2076.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees must handle district claims by warrant, and the county treasurer must pay warrants in the order received.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2076. (a) All claims against a district shall be audited, allowed, and paid by the board of trustees by warrants drawn on the county treasurer. (b) As an alternative to subdivision (a), the board of trustees may instruct the county treasurer to audit, allow, and draw his or her warrant on the county treasury for all legal claims presented to him or her and authorized by the board of trustees. (c) The county treasurer shall pay the warrants in the order in which they are presented. (d) If a warrant is presented for payment and the county treasurer cannot pay it for want of funds in the account on which it is drawn, the treasurer shall endorse the warrant, “NOT PAID BECAUSE OF INSUFFICIENT FUNDS” and sign his or her name and the date and time the warrant was presented. From that time until it is paid, the warrant bears interest at the maximum rate permitted pursuant to Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  174. 2077.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district with annual revenues over $250,000 may withdraw funds from county treasurer control, but its board must adopt a resolution and set up required treasury, accounting, warrant, deposit, and reporting procedures.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2077. (a) Notwithstanding Section 2076, a district that has total annual revenues greater than two hundred fifty thousand dollars ($250,000) may withdraw its funds from the control of the county treasurer pursuant to this section. (b) The board of trustees shall adopt a resolution that does each of the following: (1) States its intent to withdraw its funds from the county treasury. (2) Adopt a procedure for the appointment of a district treasurer. The board of trustees may appoint the district treasurer, or the board of trustees may delegate the appointment of the district treasurer to the district’s general manager. The district treasurer may be a member of the board of trustees, the secretary of the board of trustees, the general manager, or a district employee. (3) Fix the amount of the bond for the district treasurer and other district employees who will be responsible for handling the district’s finances. (4) Adopt a system of accounting and auditing that shall completely and at all times show the district’s financial condition. The system of accounting and auditing shall adhere to generally accepted accounting principles. (5) Adopt a procedure for drawing and signing warrants, provided that the procedure adheres to generally accepted accounting principles. The procedure shall provide that bond principal and salaries shall be paid when due. The procedure may provide that warrants to pay claims and demands need not be approved by the board of trustees before payment if the district treasurer determines that the claims and demands conform to the district’s approved budget. (6) Designate a bank or a savings and loan association as the depositary of the district’s funds. A bank or savings and loan association may act as a depositary, paying agent, or fiscal agency for the holding or handling of the district’s funds, notwithstanding the fact that a member of the board of trustees whose funds are on deposit in that bank or savings and loan association is an officer, employee, or stockholder of that bank or savings and loan association, or of a holding company that owns any of the stock of that bank or savings and loan association. (c) The board of trustees and the board of supervisors of the principal county shall determine a mutually acceptable date for the withdrawal of the district’s funds from the county treasury, not to exceed 15 months from the date on which the board of trustees adopts its resolution. (d) In implementing this section, the district shall comply with Article 1 (commencing with Section 53600) and Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. Nothing in this section shall preclude the district treasurer from depositing the district’s funds in the county treasury of the principal county or the State Treasury pursuant to Article 11 (commencing with Section 16429.1) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (e) The district treasurer shall make annual or more frequent written reports to the board of trustees, as the board of trustees shall determine, regarding the receipts and disbursements and balances in the accounts controlled by the district treasurer. The district treasurer shall sign the reports and file them with the secretary. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  175. 2078.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees may establish a revolving fund.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2078. The board of trustees may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code to make change and pay small bills directly. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  176. 2079.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees must arrange regular audits of the district’s accounts and records and provide annual financial reports to the Controller.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 6. Finances [2070 - 2079] ( Article 6 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2079. (a) The board of trustees shall provide for regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. (b) The board of trustees shall provide for the annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  177. 2080.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. )

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    The board of trustees may raise revenues if it determines existing district or zone revenues are inadequate to cover the costs of facilities, programs, projects, and services.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2080. Whenever a board of trustees determines that the amount of revenues available to the district or any of its zones is inadequate to meet the costs of providing facilities, programs, projects, and services, the board of trustees may raise revenues pursuant to this article or any other provision of law. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  178. 2081.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district may levy special taxes under the listed Government Code provisions and the Mello-Roos Community Facilities Act of 1982.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2081. A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. (b) The Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  179. 2082.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district may levy special benefit assessments for vector control projects and programs if consistent with Article XIII D. Before a project or program begins, the board of trustees must adopt a resolution describing and estimating it, then proceed under Government Code Section 53753.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2082. (a) A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance vector control projects and programs. (b) Before beginning a vector control project or program proposed to be financed pursuant to this section, the board of trustees shall adopt a resolution that does all of the following: (1) Specifies its intent to undertake the project or program. (2) Generally describes the project or program. (3) Estimates the cost of the project or program. (4) Estimates the duration of the proposed special benefit assessment. (c) After adopting its resolution pursuant to subdivision (b), the board of trustees shall proceed pursuant to Section 53753 of the Government Code. (d) The special benefit assessments levied pursuant to this section shall be collected at the same time and in the same manner as county taxes. The county may deduct an amount not to exceed its actual costs incurred for collecting the special benefit assessments before remitting the balance to the district. The special benefit assessments shall be a lien on all the property benefited. Liens for the assessments shall be of the same force and effect as liens for property taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for county taxes. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  180. 2083.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A district may levy special benefit assessments to finance capital improvements if it follows Article XIII D of the California Constitution.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2083. A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance capital improvements, including, but not limited to, special benefit assessments levied pursuant to: (a) The Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code. (b) The Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the Streets and Highways Code. (c) The Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code. (d) Any other statutory authorization enacted in the future. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  181. 2084.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. )

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    Certain vector-control assessments from November 6, 1996 are exempt from specified approval procedures; later increases in those assessments must follow those procedures.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2084. Pursuant to Section 5 of Article XIII D of the California Constitution and Section 53753.5 of the Government Code, any assessment existing on November 6, 1996, that was imposed exclusively to finance the capital costs or maintenance and operation expenses for vector control shall be exempt from the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution and Section 2082. Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution and Section 2082. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  182. 2085.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. )

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    A board of trustees may charge certain fees, but they cannot exceed the district’s reasonably borne costs.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 1. Mosquito Abatement and Vector Control Districts [2000 - 2093] ( Chapter 1 added by Stats. 2002, Ch. 395, Sec. 6. ) ## ARTICLE 7. Alternative Revenues [2080 - 2085] ( Article 7 added by Stats. 2002, Ch. 395, Sec. 6. ) ## 2085. (a) A board of trustees may charge a fee to cover the cost of any service that the district provides or the cost of enforcing any regulation for which the fee is charged. No fee shall exceed the costs reasonably borne by the district in providing the service or enforcing the regulation for which the fee is charged. (b) Before imposing or increasing any fee for property-related services, a board of trustees shall follow the procedures in Section 6 of Article XIII D of the California Constitution. (c) Notwithstanding Section 6103 of the Government Code, a board of trustees may charge a fee authorized by this section to other public agencies. (d) A board of trustees may charge residents or taxpayers of the district a fee authorized by this section which is less than the fee that it charges to nonresidents or nontaxpayers of the district. (e) A board of trustees may authorize district employees to waive the payment, in whole or in part, of a fee authorized by this section when the board of trustees determines that the payment would not be in the public interest. Before authorizing any waiver, a board of trustees shall adopt a resolution that specifies the policies and procedures governing waivers. (Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.)
  183. 21.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section defines “Director” as the State Director of Health Services, and says that from July 1, 2007, certain references to the former State Director of Health Services are treated as references to the State Public Health Officer.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 21. “Director” means “State Director of Health Services.” Commencing July 1, 2007, any reference to the former State Director of Health Services regarding a function vested by Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, in the State Department of Public Health is deemed to, instead, refer to the State Public Health Officer. (Amended by Stats. 2006, Ch. 241, Sec. 9. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  184. 2100.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 2. Mosquito Abatement [2100 - 2101] ( Chapter 2 added by Stats. 2019, Ch. 422, Sec. 1. )

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    This section states legislative findings about mosquito-borne disease risks, climate change, and the need for surveillance and control programs.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 2. Mosquito Abatement [2100 - 2101] ( Chapter 2 added by Stats. 2019, Ch. 422, Sec. 1. ) ## 2100. The Legislature finds and declares all of the following: (a) Excessive numbers of mosquitoes spread diseases and reduce livestock productivity. (b) From 1972 to 2008, inclusive, the state provided the University of California with funding in order to perform research on mosquitoes and mosquitoborne disease. That funding was absorbed by the University of California in 2008 and almost all state-based mosquito research was eliminated. (c) Climate change is a likely influence on vectorborne disease spread, including both short-term outbreaks and shifts in long-term disease trends. (d) The State Department of Public Health notes three vectorborne diseases that climate change may impact in the state: hantavirus, Lyme disease, and West Nile virus. As the ecology of vectors changes with climate, exposure to disease in people may increase significantly. (e) Mosquitoes are an increasing vector of concern, particularly those species that have been introduced from other countries because changes in temperature and precipitation conditions can allow exotic species to become established in places where they could not previously survive year-round. Once established, the mosquitoes can reproduce in extremely small amounts of water and are very difficult to control. As temperatures rise, mosquito reproductive cycles are shortened, allowing more breeding cycles each season, and viral transmission rates rise sharply. These mosquitoes bite aggressively during the day and can spread a variety of diseases, including chikungunya, yellow fever, and dengue fever. (f) The World Health Organization has stated that there is much evidence of associations between climate conditions and infectious diseases, noting that mosquitoborne illnesses increase fivefold in the year after an El Niño event, like the weather patterns experienced in California in 2016. (g) A 2008 study published in the American Journal of Preventive Medicine stated that adapting to the effects of climate change will require the development and enhancement of surveillance systems, adequate response plans, and locally appropriate strategies to control and prevent vectorborne disease. (h) West Nile virus was first detected in California in 2002 and by 2004 had spread to all 58 counties in the state. This disease can result in debilitating cases of meningitis and encephalitis and death to humans, horses, avian species, and other wildlife. (i) In August 2007, the Governor determined West Nile virus activity to be an imminent threat and issued an executive order, which included $11.5 million in emergency funding for the State Department of Public Health and local mosquito abatement and vector control districts to identify and treat areas with heavy West Nile virus presence. (j) In spite of a statewide plan to prevent West Nile virus, in 2015 West Nile virus resulted in 860 human cases and 19 equine cases statewide. There were 53 human and five equine deaths. (k) Mosquito control agencies, the State Department of Public Health, and the University of California have collaborated on efforts to control mosquitoes and prevent mosquitoborne illnesses. Collectively, mosquito control agencies have financially sustained prevention resources, including the Dead Bird Hotline and sentinel chicken testing, which provide first response lab testing and monitoring when potential avian West Nile virus activity is detected locally. These programs have been successful in tracking infected mosquitoes and preventing humans from acquiring the virus. (l) In 2011, vectorborne disease specialists first detected the spread of two nonnative, invasive mosquitoes in California, Aedes aegypti and Aedes albopictus. These species are not detectable through the traditional prevention methods employed by the State Department of Public Health, including the testing of diseased birds. (m) Invasive mosquitoes are extremely effective transmitters of dangerous and potentially deadly diseases, including the Zika virus, which has garnered international alarm. In addition to Zika, these species transmit chikungunya, yellow fever, and dengue fever. (n) As of January 20, 2017, there were 472 cases of Zika virus reported to the State Department of Public Health that were acquired outside of the state or from contact with a traveler, and four infants have been born with birth complications. (o) The United States Global Change Research Program recommends that the monitoring of vectorborne diseases in relation to climate change requires coordinated, systematically collected, long-term surveillance datasets to demonstrate how climate change will determine the risk for human exposure to vectorborne diseases. (p) The Legislature therefore recognizes all of the following: (1) The threat of West Nile virus, the Zika virus, and other diseases is presenting greater pressure on public health and vector control entities across the state. (2) The management of these threats will only become more challenging as California’s climate continues to change. (3) Surveillance, monitoring, and mapping are the most effective ways to control mosquitoes, and the state has no formally recognized program to do so. (4) The California Vectorborne Disease Surveillance System, known as CalSurv, is managed by the Center for Vector-borne Diseases at the University of California, Davis, and is capable of performing those predictive functions of mosquito control. (Added by Stats. 2019, Ch. 422, Sec. 1. (AB 320) Effective January 1, 2020.)
  185. 2101.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 2. Mosquito Abatement [2100 - 2101] ( Chapter 2 added by Stats. 2019, Ch. 422, Sec. 1. )

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    The California Mosquito Surveillance and Research Program is established and must be administered by the University of California, Davis.

    ## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 2. Mosquito Abatement [2100 - 2101] ( Chapter 2 added by Stats. 2019, Ch. 422, Sec. 1. ) ## 2101. (a) There is hereby established the California Mosquito Surveillance and Research Program to be administered by the University of California, Davis, which shall perform all of the following functions: (1) Maintain an interactive internet website for management and dissemination of data on mosquitoborne virus and surveillance control. (2) Work in conjunction with local mosquito abatement and vector control districts to conduct research on arbovirus surveillance, transmission of vectorborne diseases, and mosquito ecology and control. (3) Coordinate with the Mosquito and Vector Control Association of California, State Department of Public Health, local mosquito abatement and vector control districts, local governments, and other affected stakeholders to share information. (b) The program established by this section shall perform the functions described in subdivision (a) to the extent the program receives federal or state grants or private donations or grants made for those purposes. (Added by Stats. 2019, Ch. 422, Sec. 1. (AB 320) Effective January 1, 2020.)
  186. 22.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section defines “Board” or “State Board of Public Health” for different functions.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 22. “Board” or “State Board of Public Health” means “State Department of Health Services,” with respect to regulatory functions heretofore performed by the State Board of Public Health or the “Advisory Health Council” with respect to all other functions heretofore performed by the board. (Amended by Stats. 1977, Ch. 1252.)
  187. 23.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section defines “State” as the State of California, with a broader meaning for some U.S. applications.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 23. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1939, Ch. 60.)
  188. 24.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    If part of the code is held invalid, the rest of the code still applies.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 24. If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1939, Ch. 60.)
  189. 24000.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Enforcement Actions [24000- 24000.] ( Chapter 1 added by Stats. 2002, Ch. 1071, Sec. 3. )

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    People covered by state labor, employment, civil rights, consumer protection, and housing enforcement may not ask about immigration status unless they can show by clear and convincing evidence that the inquiry is needed to comply with federal immigration law.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Enforcement Actions [24000- 24000.] ( Chapter 1 added by Stats. 2002, Ch. 1071, Sec. 3. ) ## 24000. The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. (b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law. (c) The provisions of this section are declaratory of existing law. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2017, Ch. 160, Sec. 3. (AB 1690) Effective January 1, 2018.)
  190. 24100.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.1. Employer Duties [24100- 24100.] ( Chapter 1.1 added by Stats. 2010, Ch. 24, Sec. 5. )

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    Employers must give specified termination-related information to the requesting health care service plan or health insurer within 14 days, and keep sending it monthly for certain terminated employees until the ARRA end date.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.1. Employer Duties [24100- 24100.] ( Chapter 1.1 added by Stats. 2010, Ch. 24, Sec. 5. ) ## 24100. (a) For purposes of this section, the following definitions apply: (1) “ARRA” means Title III of Division B of the federal American Recovery and Reinvestment Act of 2009 or any amendment to that federal law extending federal premium assistance to qualified beneficiaries, as defined in Section 1366.21 of this code or Section 10128.51 of the Insurance Code. (2) “Employer” means an employer as defined in Section 1366.21 of this code or an employer as defined in Section 10128.51 of the Insurance Code. (b) An employer shall provide the information described in subparagraph (B) of paragraph (1) of subdivision (j) of Section 1366.25 of this code or subparagraph (B) of paragraph (1) of subdivision (j) of Section 10128.55 of the Insurance Code, as applicable, with respect to any employee whose employment is terminated on or after March 2, 2010, and who was enrolled at any time in a health care service plan or health insurance policy offered by the employer on or after September 1, 2008. This information shall be provided to the requesting health care service plan or health insurer within 14 days of receipt of the notification described in paragraph (1) of subdivision (j) of Section 1366.25 of this code or paragraph (1) of subdivision (j) of Section 10128.55 of the Insurance Code. The employer shall continue to provide the information to the health care service plan or health insurer within 14 days after the end of each month for any employee whose employment is terminated in the prior month until the last date specified in subparagraph (A) of paragraph (3) of subdivision (a) of Section 3001 of ARRA. (Added by Stats. 2010, Ch. 24, Sec. 5. (SB 838) Effective June 3, 2010.)
  191. 24135.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.2. Drug Masking Products [24135- 24135.] ( Chapter 1.2 added by Stats. 2019, Ch. 45, Sec. 1. )

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    A person may not distribute, deliver, sell, or possess with intent to distribute, deliver, or sell a drug masking product, unless authorized by law.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.2. Drug Masking Products [24135- 24135.] ( Chapter 1.2 added by Stats. 2019, Ch. 45, Sec. 1. ) ## 24135. (a) Except as authorized by law, a person shall not distribute, deliver, or sell, or possess with intent to distribute, deliver, or sell, a drug masking product. (b) For purposes of this section, the following definitions apply: (1) “Drug masking product” means synthetic urine or any other substance designed to be added to human urine or human hair for the purpose of defrauding an alcohol or drug screening test. (2) “Synthetic urine” means any substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine. (Added by Stats. 2019, Ch. 45, Sec. 1. (AB 851) Effective January 1, 2020.)
  192. 24170.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section states that Chapter 1.3 may be cited as the Protection of Human Subjects in Medical Experimentation Act.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24170. This chapter shall be known and may be cited as the Protection of Human Subjects in Medical Experimentation Act. (Added by Stats. 1978, Ch. 360.)
  193. 24171.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    The Legislature says medical experimentation on human subjects must be done with respect for human life and individual bodily autonomy, and it states an intent to provide statutory protection and penalties for violations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24171. The Legislature hereby finds and declares that medical experimentation on human subjects is vital for the benefit of mankind, however such experimentation shall be undertaken with due respect to the preciousness of human life and the right of individuals to determine what is done to their own bodies. The Legislature further finds and declares that: (a) The Nuremberg Code of Ethics in Medical Research was developed after the trial of Nazi war criminals for unethical use of persons in medical experiments; subsequently, the Declaration of Helsinki additionally established recommendations guiding doctors in experimentation involving human subjects. (b) Neither the Nuremberg Code nor the Declaration of Helsinki are codified under law and are, therefore, unenforceable. (c) It is necessary that medical experimentation be done in such a way as to protect the rights of the human subjects involved. (d) There is, and will continue to be, a growing need for protection for citizens of the state from unauthorized, needless, hazardous, or negligently performed medical experiments on human beings. It is, therefore, the intent of the Legislature, in the enacting of this chapter, to provide minimum statutory protection for the citizens of this state with regard to human experimentation and to provide penalties for those who violate such provisions. (Added by Stats. 1978, Ch. 360.)
  194. 24172.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section defines an experimental subject’s bill of rights and lists the information and protections a medical experiment subject should receive, unless Section 24175 provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24172. As used in the chapter, “experimental subject’s bill of rights,” means a list of the rights of a subject in a medical experiment, written in a language in which the subject is fluent. Except as otherwise provided in Section 24175, this list shall include, but not be limited to the subject’s right to: (a) Be informed of the nature and purpose of the experiment. (b) Be given an explanation of the procedures to be followed in the medical experiment, and any drug or device to be utilized. (c) Be given a description of any attendant discomforts and risks reasonably to be expected from the experiment. (d) Be given an explanation of any benefits to the subject reasonably to be expected from the experiment, if applicable. (e) Be given a disclosure of any appropriate alternative procedures, drugs or devices that might be advantageous to the subject, and their relative risks and benefits. (f) Be informed of the avenues of medical treatment, if any, available to the subject after the experiment if complications should arise. (g) Be given an opportunity to ask any questions concerning the experiment or the procedures involved. (h) Be instructed that consent to participate in the medical experiment may be withdrawn at any time and the subject may discontinue participation in the medical experiment without prejudice. (i) Be given a copy of the signed and dated written consent form as provided for by Section 24173 or 24178. (j) Be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision. (Added by Stats. 1978, Ch. 360.)
  195. 24173.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section defines “informed consent” for a medical experiment and requires several disclosure and signing conditions to be met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24173. As used in this chapter, “informed consent” means the authorization given pursuant to Section 24175 to have a medical experiment performed after each of the following conditions have been satisfied: (a) The subject or subject’s conservator or guardian, or other representative, as specified in Section 24175, is provided with a copy of the experimental subject’s bill of rights, prior to consenting to participate in any medical experiment, containing all the information required by Section 24172, and the copy is signed and dated by the subject or the subject’s conservator or guardian, or other representative, as specified in Section 24175. (b) A written consent form is signed and dated by the subject or the subject’s conservator or guardian, or other representative, as specified in Section 24175. (c) The subject or subject’s conservator or guardian, or other representative, as specified in Section 24175, is informed both verbally and within the written consent form, in nontechnical terms and in a language in which the subject or the subject’s conservator or guardian, or other representative, as specified in Section 24175, is fluent, of the following facts of the proposed medical experiment, which might influence the decision to undergo the experiment, including, but not limited to: (1) An explanation of the procedures to be followed in the medical experiment and any drug or device to be utilized, including the purposes of the procedures, drugs, or devices. If a placebo is to be administered or dispensed to a portion of the subjects involved in a medical experiment, all subjects of the experiment shall be informed of that fact; however, they need not be informed as to whether they will actually be administered or dispensed a placebo. (2) A description of any attendant discomfort and risks to the subject reasonably to be expected. (3) An explanation of any benefits to the subject reasonably to be expected, if applicable. (4) A disclosure of any appropriate alternative procedures, drugs, or devices that might be advantageous to the subject, and their relative risks and benefits. (5) An estimate of the expected recovery time of the subject after the experiment. (6) An offer to answer any inquiries concerning the experiment or the procedures involved. (7) An instruction to the subject that he or she is free to withdraw his or her prior consent to the medical experiment and discontinue participation in the medical experiment at any time, without prejudice to the subject. (8) The name, institutional affiliation, if any, and address of the person or persons actually performing and primarily responsible for the conduct of the experiment. (9) The name of the sponsor or funding source, if any, or manufacturer if the experiment involves a drug or device, and the organization, if any, under whose general aegis the experiment is being conducted. (10) The name, address, and phone number of an impartial third party, not associated with the experiment, to whom the subject may address complaints about the experiment. (11) The material financial stake or interest, if any, that the investigator or research institution has in the outcome of the medical experiment. For purposes of this section, “material” means ten thousand dollars ($10,000) or more in securities or other assets valued at the date of disclosure, or in relevant cumulative salary or other income, regardless of when it is earned or expected to be earned. (d) The written consent form is signed and dated by any person other than the subject or the conservator or guardian, or other representative of the subject, as specified in Section 24175, who can attest that the requirements for informed consent to the medical experiment have been satisfied. (e) Consent is voluntary and freely given by the human subject or the conservator or guardian, or other representative, as specified by Section 24175, without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence. (Amended by Stats. 2003, Ch. 397, Sec. 1. Effective January 1, 2004.)
  196. 24174.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section defines “medical experiment” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24174. As used in this chapter, “medical experiment” means: (a) The severance or penetration or damaging of tissues of a human subject or the use of a drug or device, as defined in Section 109920 or 109925, electromagnetic radiation, heat or cold, or a biological substance or organism, in or upon a human subject in the practice or research of medicine in a manner not reasonably related to maintaining or improving the health of the subject or otherwise directly benefiting the subject. (b) The investigational use of a drug or device as provided in Sections 111590 and 111595. (c) Withholding medical treatment from a human subject for any purpose other than maintenance or improvement of the health of the subject. (Amended by Stats. 1996, Ch. 1023, Sec. 205. Effective September 29, 1996.)
  197. 24175.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    Medical experiments generally require the person’s informed consent, with special consent rules for people under conservatorship and certain disabled adults.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24175. (a) Except as otherwise provided in this section, no person shall be subjected to any medical experiment unless the informed consent of such person is obtained. (b) If a person is under a conservatorship of the person or of the person and estate, pursuant to Division 4 (commencing with Section 1400) of the Probate Code, informed consent for a medical experiment involving such person shall be obtained: (1) As provided in Section 2354 of the Probate Code if the person has not been adjudicated to lack the capacity to give informed consent for medical treatment. (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity to give informed consent for medical treatment. (c) If an adult person is gravely disabled, as defined in subdivision (h) of Section 5008 of the Welfare and Institutions Code, and is under a conservatorship of the person or of the person and estate, pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, informed consent for a medical experiment involving such person shall be obtained from such person, unless the conservator of such person has the right to consent to medical treatment on behalf of the conservatee, pursuant to subdivisions (c) and (d) of Section 5357 and Section 5358 of the Welfare and Institutions Code. (d) If an adult person is developmentally disabled, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, and has no conservator and is mentally incapable of giving informed consent, informed consent shall be obtained for a medical experiment involving such person, pursuant to subdivision (c) of Section 4655 of the Welfare and Institutions Code. (e) Informed consent given by a person other than the human subject pursuant to subdivisions (b) through (d), inclusive, of this section shall only be for medical experiments related to maintaining or improving the health of the human subject or related to obtaining information about a pathological condition of the human subject. (Amended by Stats. 1979, Ch. 730.)
  198. 24176.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section sets damages and criminal penalties for certain medical-experiment consent violations, and makes attempted waivers of chapter rights or requirements void.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24176. (a) Any person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject’s informed consent, as provided in this chapter, shall be liable to the subject in an amount not to exceed ten thousand dollars ($10,000), as determined by the court. The minimum amount of damages awarded shall be five hundred dollars ($500). (b) Any person who is primarily responsible for the conduct of a medical experiment and who willfully fails to obtain the subject’s informed consent, as provided in this chapter, shall be liable to the subject in an amount not to exceed twenty-five thousand dollars ($25,000) as determined by the court. The minimum amount of damages awarded shall be one thousand dollars ($1,000). (c) Any person who is primarily responsible for the conduct of a medical experiment and who willfully fails to obtain the subject’s informed consent, as provided in this chapter, and thereby exposes a subject to a known substantial risk of serious injury, either bodily harm or psychological harm, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year or a fine of fifty thousand dollars ($50,000), or both. (d) Any representative or employee of a pharmaceutical company, who is directly responsible for contracting with another person for the conduct of a medical experiment, and who has knowledge of risks or hazards with respect to the experiment, and who willfully withholds information of the risks and hazards from the person contracting for the conduct of the medical experiment, and thereby exposes a subject to substantial risk of serious injury, either bodily harm or psychological harm, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year or a fine of fifty thousand dollars ($50,000), or both. (e) Each and every medical experiment performed in violation of any provision of this chapter is a separate and actionable offense. (f) Any attempted or purported waiver of the rights guaranteed, or requirements prescribed by this chapter, whether by a subject or by a subject’s conservator or guardian, or other representative, as specified in Section 24175, is void. (g) Nothing in this section shall be construed to limit or expand the right of an injured subject to recover damages under any other applicable law. (Amended by Stats. 2003, Ch. 397, Sec. 2. Effective January 1, 2004.)
  199. 24177.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section says Chapter 1.3 does not replace the referenced provisions and instead applies alongside them.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24177. This chapter shall not supersede, but shall be in addition to, Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of this code and Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code. (Amended by Stats. 1996, Ch. 1023, Sec. 206. Effective September 29, 1996.)
  200. 24177.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. )

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    This section says the chapter does not apply to certain medical experimental treatment in a life-threatening emergency if specific procedural and consent-related conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Human Experimentation [24170 - 24179.5] ( Chapter 1.3 added by Stats. 1978, Ch. 360. ) ## 24177.5. (a) This chapter does not apply to a medical experimental treatment that benefits a patient subject to a life-threatening emergency if all of the following conditions are met: (1) Care is provided in accordance with the procedures and the additional protections of the rights and welfare of the patient set forth in Part 50 of Title 21 of, and Part 46 of Title 45 of, the Code of Federal Regulations, in effect on April 1, 2012. (2) The patient is in a life-threatening emergency necessitating urgent intervention and available treatments are unproven or unsatisfactory. (3) The patient is unable to give informed consent as a result of the patient’s medical condition. (4) Obtaining informed consent from the patient’s legally authorized representatives is not feasible before the treatment must be administered. The proposed investigational plan shall define the length of time of the potential therapeutic window based on scientific evidence, and the investigator shall commit to attempting to contact a legally authorized representative for each subject within that length of time and, if feasible, to asking the legally authorized representative contacted for consent within that length of time rather than proceeding without consent. (5) There is no reasonable way to prospectively identify the individuals likely to become eligible for participation in the clinical investigation. (6) Valid scientific studies have been conducted that support the potential for the intervention to provide a direct benefit to the patient. Risks associated with the investigation shall be reasonable in relation to what is known about the medical condition of the potential class of subjects, the risks and benefits of standard therapy, if any, and what is known about the risks and benefits of the proposed intervention or activity. (7) The institutional review board has reviewed and approved the informed consent procedures and these procedures are to be used with subjects or their legally authorized representatives in situations where use of the procedures and documents is feasible. (8) Additional protections of the rights and welfare of the subjects will be provided, including, but not limited to, all of the following: (A) Consultation, including, where appropriate, consultation carried out by the institutional review board, with representatives of the communities in which the research will be conducted and from which the subjects will be drawn. (B) Public disclosure to the communities in which the research will be conducted and from which the subjects will be drawn, prior to the initiation of the research, of plans for the research and its risks and expected benefits. (C) Public disclosure of sufficient information following the completion of the research to apprise the community and researchers of the study, including demographic characteristics of the research population and the results of the study. (D) Establishment of an independent data monitoring committee to exercise oversight of the research. (b) This section does not relieve any party of any other legal duty, including, but not limited to, the duty to act in a nonnegligent manner. (Amended by Stats. 2013, Ch. 547, Sec. 1. (AB 58) Effective January 1, 2014.)

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