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Article 1. Administration of California Vehicle Code >> Division 2. >> Chapter 2. >> Article 1.
There is in the Transportation Agency the Department of the
California Highway Patrol.
As used in this chapter, "department" means the Department of
the California Highway Patrol.
Wherever in any statute "California Highway Patrol" is used,
it means the Department of the California Highway Patrol.
The department is the successor to and is vested with the
duties, powers, purposes, responsibilities, and jurisdiction of the
former Division of Enforcement of the Department of Motor Vehicles,
known as the California Highway Patrol, and of the officers and
employees thereof.
The department has possession and control of all records,
books, papers, offices, or equipment, and all other property, real or
personal, now or hereafter held for the benefit or use of the former
Division of Enforcement of the Department of Motor Vehicles, known
as the California Highway Patrol.
Except as in this chapter otherwise provided, the provisions
of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of
Title 2 of the Government Code shall govern and apply to the conduct
of the department in every respect the same as if the provisions
were set forth in this code, and wherever in that chapter the term
"head of the department" or similar designation occurs, for the
purposes of this division, it shall mean the commissioner.
The department shall maintain its main office within 20 miles
of Sacramento.
The department is under the control of a civil executive
officer, known as the Commissioner of the California Highway Patrol.
The commissioner shall be appointed by the Governor with the advice
and consent of the Senate to serve at the pleasure of the Governor,
and shall have resided within the State continuously for at least
five years immediately preceding his appointment.
The commissioner shall perform all duties, exercise all
powers and jurisdiction, assume and discharge all responsibilities,
and carry out and effect all purposes vested by law in the
department.
Notwithstanding any other provision of law, the commissioner may
administratively determine the geographic area of residence of any
member of the department in order to assure the availability of such
member for emergency service and the discharge of departmental
responsibilities.
The commissioner shall organize the department with the
approval of the Governor and the Secretary of Transportation and may
arrange and classify the work of the department and may, with the
approval of the Governor and the Secretary of Transportation, create
or abolish divisions thereof.
The Assistant Commissioner of the California Highway Patrol
shall be appointed by the commissioner, subject to the approval of
the Governor, pursuant to the provisions of Article XXIV of the State
Constitution.
The assistant commissioner shall carry out and execute such
duties, with respect to traffic law enforcement, as may be specified
by the commissioner.
The chief administrative officer of the department shall be
appointed by the commissioner subject to the approval of the
Governor, pursuant to the provisions of Article XXIV of the State
Constitution.
The chief administrative officer shall carry out and execute
such duties with respect to the administrative affairs of the
department as may be specified by the commissioner.
The department may pay membership fees, join, and participate
in the affairs of associations having for their purpose the
interchange of information relating to law enforcement, accident
prevention, and subjects related to the powers and duties of the
department.
