SEC. 16.128-5. EXCLUDED SERVICES.
§ 16.128-5
San Francisco's Fund for Seniors and Adults with Disabilities cannot pay for certain excluded services, including law enforcement and court functions, services that only incidentally benefit the target population, certain state-mandated services, most capital acquisitions and real property, facility operating costs for non-targeted uses, most medical health services, and services provided by hospitals and long-term care institutions.
The Fund cannot pay for these things: police, courts, and detention services; services that only accidentally help seniors or adults with disabilities; programs that the state already funds and requires; most equipment or building purchases; land, housing, or building construction costs; upkeep and utilities for buildings not mainly used by seniors and adults with disabilities; most medical treatment (though prevention, education, and mental health support are okay); and services from hospitals or long-term care facilities.
- Complex:The section contains eight detailed subsections with cross-references and conditional language (e.g., 'to the extent of' in (c), 'other than' in (e) and (g)) that require careful parsing to understand what is and is not excluded.
- Could be simpler:Subsection (f) could be clearer by separating the two distinct rules it contains—one about non-primary-use facilities and another specifically about recreation, parks, libraries, hospitals, and housing.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
Notwithstanding Section 16.128-4, services paid for by the Fund shall not include:
(a) Services provided by the Police Department or other law enforcement agencies, courts, the District Attorney, Public Defender, City Attorney, the Fire Department, and detention or probation services mandated by state or federal law;
(b) Any service that benefits Seniors or Adults with Disabilities incidentally or only as members of a larger population of adults;
(c) Any service realigned by the State or for which a fixed or minimum level of expenditure is mandated and funded by state or federal law, to the extent of the level of funding provided;
(d) Acquisition of any capital item unless for the primary and direct use by Seniors and Adults with Disabilities and that is necessary for the expansion of services and support;
(e) Acquisition, other than by lease for a term of ten years or less, of any real property or land, or capital expenditures, or predevelopment or construction costs for housing;
(f) Maintenance, utilities, or any similar operating costs of any facility not used primarily and directly by Seniors and Adults with Disabilities or of any recreation or park facility, library, hospital, or housing;
(g) Medical health services, other than prevention, education, and behavioral and mental health support services; or
(h) Services provided by hospitals and long-term care institutions.
(Added by Proposition I, Approved 11/8/2016)