Bill Text: CA AB2414 | 2015-2016 | Regular Session | Chaptered
Bill Title: Desert Healthcare District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 416, Statutes of 2016. [AB2414 Detail]
Download: California-2015-AB2414-Chaptered.html
BILL NUMBER: AB 2414 CHAPTERED
BILL TEXT
CHAPTER 416
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 28, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
INTRODUCED BY Assembly Member Eduardo Garcia
FEBRUARY 19, 2016
An act to add Chapter 10 (commencing with Section 32499) to
Division 23 of the Health and Safety Code, relating to health care
districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2414, Eduardo Garcia. Desert Healthcare District.
Existing law, the Local Health Care District Law, authorizes the
organization and incorporation of local health care districts and
specifies the powers of those districts, including, among other
things, the power to establish, maintain, and operate, or provide
assistance in the operation of, one or more health facilities or
health services, including, but not limited to, outpatient programs,
services, and facilities; retirement programs, services, and
facilities; chemical dependency programs, services, and facilities;
or other health care programs, services, and facilities and
activities at any location within or without the district for the
benefit of the district and the people served by the district.
This bill would authorize the expansion of the Desert Healthcare
District to include the eastern Coachella Valley region by requiring
the district to submit a resolution of application to the Riverside
County Local Agency Formation Commission to initiate proceedings to
expand the district. The bill would require the commission to order
the expansion of the district subject to a vote of the registered
voters residing within the territory to be annexed at an election
following the completion of those proceedings. The bill would require
the Board of Supervisors of the County of Riverside, upon direction
by the commission, to place approval of district expansion on the
ballot at the next countywide election following the completion of
commission proceedings, including a public hearing. The bill would
provide for expansion of the district upon voter approval, if a
funding source sufficient to support the operations of the expanded
district is, if required, approved, as specified. The bill would
require the district to pay for election costs, as specified. By
imposing new duties on the County of Riverside, the bill would impose
a state-mandated local program.
This bill would require the board of directors of the district,
following expansion, to adopt a resolution to increase the number of
members of the district's board of directors from 5 to 7, and to
appoint 2 members who are residents of the territory annexed by the
district to fill the vacant positions, as specified. Following the
expansion of the board of directors, the bill would require the board
of directors to adopt a resolution to divide the Desert Healthcare
District into voting districts for the purpose of electing members of
the board of directors from and by the electors of those voting
districts beginning with the next district election after January 1,
2020, as specified.
This bill would state the intent of the Legislature that the
Desert Healthcare District maximize the use of its assets to provide
direct health services to individuals within the district, as
specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Coachella Valley region of
Riverside County.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10 (commencing with Section 32499) is added to
Division 23 of the Health and Safety Code, to read:
CHAPTER 10. DESERT HEALTHCARE DISTRICT REORGANIZATION
32499. (a) The Desert Healthcare District may be expanded in
accordance with this chapter. All other provisions of this division
shall apply to the Desert Healthcare District following its
reorganization, except as provided in this chapter.
(b) (1) On or before January 5, 2017, the Desert Healthcare
District shall file a resolution of application with the Riverside
County Local Agency Formation Commission, pursuant to subdivision (a)
of Section 56654 of the Government Code, to initiate proceedings by
the Riverside County Local Agency Formation Commission for the
purpose of expanding the Desert Healthcare District to include the
East Coachella Valley region. The expanded district shall include all
communities served by the Desert Healthcare District as of the date
of the filing of the resolution of application, and shall also
include, but not be limited to, the communities of Indian Wells, La
Quinta, Indio, and Coachella, and the unincorporated areas of Bermuda
Dunes, Mecca, Thermal, Oasis, North Shore, and Vista Santa Rosa. The
resolution of application shall comply with Section 56652 of the
Government Code and shall specify the source of funding for the
expanded district. The Desert Healthcare District shall pay any fees
associated with the resolution of application.
(2) The Riverside County Local Agency Formation Commission
proceeding shall be deemed initiated on the date the resolution of
application is accepted for filing. Subsequent to initiation of the
proceeding, the commission shall hold a hearing pursuant to Section
56666 of the Government Code. The commission shall comply with the
notice requirements of Sections 56660 and 56661 of the Government
Code in connection with the hearing.
(3) The Riverside County Local Agency Formation Commission shall
complete its proceedings and direct the election required by
paragraph (2) of subdivision (c) no later than 150 days following
receipt of the completed resolution of application. Notwithstanding
any other law, the Riverside County Local Agency Formation Commission
shall not have the power to disapprove the resolution of
application.
(4) Notwithstanding any other law, the resolution of application
filed by the Desert Healthcare District pursuant to this subdivision
shall not be subject to any protest proceedings.
(c) (1) The Riverside County Local Agency Formation Commission
shall order the expansion of the district subject to a vote of the
registered voters residing within the territory to be annexed at an
election following the completion of proceedings pursuant to
subdivision (b). The commission may condition the annexation on the
district's imposition of sufficient revenues to provide services
within the territory to be annexed, including, but not limited to,
the concurrent approval of special taxes or benefit assessments that
will generate those sufficient revenues.
(2) The Riverside County Local Agency Formation Commission shall
direct the Board of Supervisors of the County of Riverside to direct
county officials to conduct the necessary election for approval of
district expansion by placing approval of district expansion,
pursuant to subdivision (d) of Section 57118 of the Government Code,
and approval of any necessary funding source for the expanded
district that requires voter approval on the ballot at the next
countywide election.
(3) If a majority of the voters within the territory ordered to be
annexed vote in favor of the expanded district and if a number of
voters required under applicable law to approve any necessary funding
source that requires voter approval vote in favor of that funding
source, the district shall be expanded in accordance with this
chapter.
(4) The district shall pay to the county the actual cost of the
services rendered in conducting the election.
(d) The Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 (Division 3 (commencing with Section 56000) of Title 5 of
the Government Code) shall not apply to the expansion of the district
pursuant to subdivisions (b) and (c), except as specified in this
part. The act shall apply to any other change of organization or
reorganization as defined in that act, following the reorganization
of the district pursuant to this section.
(e) As used in this chapter, "district" means the Desert
Healthcare District.
32499.2. (a) Thirty days after the expansion of the district, and
notwithstanding Sections 32100.01 and 32100.02, the Board of
Directors of the Desert Healthcare District shall adopt a resolution
to increase the number of members of its board of directors from five
to seven without the necessity of a petition or approval thereof by
voters residing within the district. The resolution shall become
effective on the date of, and subject to any conditions specified in,
the resolution.
(b) The additional vacancies created by the expansion shall be
filled by appointment by the board of directors. A person appointed
to fill a vacancy created by subdivision (a) shall be a registered
voter and a resident of the territory annexed by the district
pursuant to Section 32499.
(c) Upon appointment, the board shall, by lot, designate one
member appointed pursuant to subdivision (a) who shall leave office
when his or her successor takes office pursuant to Section 10554 of
the Elections Code, and one member appointed pursuant to subdivision
(a) who shall leave office two years thereafter.
(d) A vacancy in one or both of the board positions created by
subdivision (a) after the first appointments to those positions
pursuant to subdivision (b) shall be filled by the methods prescribed
in Section 1780 of the Government Code, and, after January 1, 2020,
shall be filled by the methods prescribed in Section 32499.3.
(e) This section shall only become operative if the Desert
Healthcare District is expanded in accordance with Section 32499.
32499.3. (a) Following the expansion of the Board of Directors of
the Desert Healthcare District, and notwithstanding Section 32100.1,
the board of directors shall adopt a resolution to divide the
district into seven voting districts, number the voting districts
consecutively, and elect members of the board of directors by voting
district beginning with the first district election after January 1,
2020.
(b) In establishing the voting districts described in subdivision
(a), the board of directors shall provide for representation in
accordance with demographic, including population, and geographic
factors of the entire area of the district. The board of directors
shall fix the time and place and give public notice for a hearing on
the proposed establishment of the voting districts, at which any
elector of the district may present his or her views and plans in
relation to the proposed division, but the board of directors shall
not be bound thereby and their decision, in the resolution adopted,
shall be final.
(c) The resolution adopted pursuant to subdivision (a) shall
declare the voting districts and describe the boundaries of each
voting district.
(d) The voting districts described in subdivision (a) and any
necessary procedures for implementing the election of the board of
directors by voting districts shall be established and implemented on
or before January 1, 2020.
(e) The voting districts established pursuant to this section
shall be effective for the next district election after January 1,
2020. At the expiration of the terms of office of the members of the
board of directors then in office, and thereafter, these members of
the board of directors shall be elected by voting districts. One
member of the board of directors shall be elected by the electors of
each of the voting districts. A person shall not be eligible to hold
the office of member of the board of directors unless he or she has
been a resident of the voting district from which he or she is
elected for 30 days next preceding the date of the election.
(f) A vacancy upon the board that results in a voting district
left unrepresented prior to the expiration of the term of that board
position shall be filled by appointment of the remaining members of
the board of directors. A member of the board of directors appointed
pursuant to this subdivision shall be a resident of the voting
district left unrepresented on the board of directors.
(g) This section shall become operative only if the Desert
Healthcare District is expanded in accordance with Section 32499.
32499.4. It is the intent of the Legislature that the Desert
Healthcare District maximize the use of its assets to provide direct
health services to individuals within the district through direct
operation of or funding provided to organizations that own or operate
hospitals, medical clinics, ambulance services, transportation
programs for seniors or persons with disabilities, wellness centers,
health education services, promotoras, mental health services,
veterans' health services, and other similar services.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique community needs in Riverside County that would
be served by the expansion of the Desert Healthcare District to
include the entire Coachella Valley region, including limited access
in the eastern Coachella Valley to health care services by an
underserved population that suffers from a higher than average
prevalence of preventable disease.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
