Bill Text: CA AB911 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Police protection districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-06-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB911 Detail]

Download: California-2011-AB911-Amended.html

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BILL NUMBER: AB 911	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 19, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 17, 2011

   An act to amend Sections 20070 and 20081 of, and to add Sections
20070.4, 20070.5, and 20082 to, the Health and Safety Code, relating
to police protection districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 911, as amended, Ma. Police protection districts.
   Existing law provided, until October 1, 1959, for the formation
and administration of police protection districts in unincorporated
towns, and provides for the continuation of police protection
districts formed prior to that date. Existing law provides that a
police protection district is to be governed by a district board
consisting of 3 elected commissioners. Existing law further provides
that a police protection district's police department, its chief of
police, and its employees shall have all the rights, duties,
privileges, immunities, obligations, and powers of a municipal police
department.
   This bill would grant police protection districts additional
powers, including, but not limited to, the ability to adopt
ordinances and resolutions, as specified. This bill would specify
that a violation of any rule, regulation, or ordinance adopted by a
board of police commissioners would be a misdemeanor.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20070 of the Health and Safety Code is amended
to read:
   20070.   A district formed under this division shall have, and it
may exercise, all the rights and powers, expressed and implied by
law, necessary to carry out the purposes and intent of this division,
including, but not limited to, the following powers:
   (a) To adopt, by ordinance or resolution, and enforce rules and
regulations necessary for the administration, operation, use, and
maintenance of the facilities and services of the district  ,
except where preempted by state or federal law. Ordinances shall be
adopted pursuant to the procedures set forth in Article 7 (commencing
with Section 25120) of Chapter 1 of Part 2 of Division 2  
of Title 3 of the Government Code  . Ordinances  and
resolutions  adopted by the district shall be limited to
those authorized under this division or related to the following:
   (1) The setting of all fees and charges for services provided by
the district.
   (2) Regulation of tow trucks and towing firms operating in the
district.
   (3) Regulation and administrative oversight of vehicles for hire,
including taxicabs , except where preempted by state or
federal law  . 
   (4) The establishment and collection of emergency response cost
recovery fees.  
   (b) To adopt ordinances following the procedures set forth in
Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of
Division 2 of Title 3 of the Government Code.  
   (c) 
    (b)  To adopt a seal and alter it. 
   (d) 
    (c)  To provide insurance pursuant to Part 6 (commencing
with Section 989) of Division 3.6 of Title 1 of the Government Code.

   (e) 
    (d)  To regulate vehicles for hire, as provided in
Section 53075.5 of the Government Code, except vehicles for hire that
are licensed or permitted by, and under the jurisdiction of, the
Public Utilities Commission.
  SEC. 2.  Section 20070.4 is added to the Health and Safety Code, to
read:
   20070.4.  A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
  SEC. 3.  Section 20070.5 is added to the Health and Safety Code, to
read:
   20070.5.  (a) Violation of any rule, regulation, or ordinance
adopted by a district board is a misdemeanor punishable pursuant to
Section 19 of the Penal Code.
   (b) Any citation issued by a district employee for violation of a
rule, regulation, or ordinance adopted by a district board may be
processed as an infraction pursuant to subdivision (d) of Section 17
of the Penal Code.
   (c) To protect property and to preserve the peace at facilities
owned, managed, or operated by, or under the control of, a district,
a district board may by ordinance or resolution confer upon
designated uniformed district employees the power to issue citations
for misdemeanor and infraction violations of state law, city or
county ordinances, or district rules, regulations, or ordinances when
the violation is committed within or upon a district facility and in
the presence of the employee issuing the citation. District
employees shall issue citations pursuant to Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code and
Chapter 2 (commencing with Section 40300) of Division 17 of the
Vehicle Code.
  SEC. 4.  Section 20081 of the Health and Safety Code is amended to
read:
   20081.  In addition to the duties specified in this chapter, the
district board shall have the power to take any and all actions
necessary for, or incidental to, the powers expressed or implied by
this division.
  SEC. 5.  Section 20082 is added to the Health and Safety Code, to
read:
   20082.  This article shall be liberally construed to effectuate
its purposes.