BILL NUMBER: AB 2414 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eduardo Garcia
FEBRUARY 19, 2016
An act to add Chapter 8 (commencing with Section 32494) to
Division 23 of the Health and Safety Code, relating to health care
districts, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2414, as introduced, 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 Board of Supervisors of the County of Riverside to submit a
resolution of application to the Riverside County Local Agency
Formation Commission, and, upon direction by the commission, to place
approval of district expansion on the ballot at the next countywide
election following the completion of the review by the commission.
The bill would require the review by the commission to include an
analysis of funding sources available to the district and a
recommendation of the district's boundaries, as specified. 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 identified and, if required, approved, as specified. The
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. By imposing new duties on
the County of Riverside, the bill would impose a state-mandated local
program.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8 (commencing with Section 32494) is added to
Division 23 of the Health and Safety Code, to read:
CHAPTER 8. DESERT HEALTHCARE DISTRICT REORGANIZATION
32494. (a) Notwithstanding Chapter 1 of this division, 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 15 days after the effective date of the act
that added this chapter, the Board of Supervisors of the County of
Riverside 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 a comprehensive
review and recommendation 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
board of supervisors shall pay any fees associated with the
resolution of application.
(2) In connection with the review and recommendation described in
paragraph (1), the Riverside County Local Agency Formation Commission
shall, in consultation with the Board of Supervisors of the County
of Riverside, the Board of Directors of the Desert Healthcare
District, the Auditor-Controller of the County of Riverside, local
entities affected by the expansion, and other relevant stakeholders,
conduct and complete an analysis of the funding sources available to
the expanded district. The financial analysis completed pursuant to
this paragraph shall not be binding with respect to the final funding
allocated to the district if it is expanded pursuant to this
chapter.
(3) The review and recommendation of the Riverside County Local
Agency Formation Commission shall include a recommendation of the
boundaries of the expanded district. 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.
(4) The Riverside County Local Agency Formation Commission shall
complete the review on or before August 1, 2016. Notwithstanding any
other law, the Riverside County Local Agency Formation Commission
shall not have the power to disapprove the resolution of application.
(5) Notwithstanding any other law, the resolution of application
filed by the board of supervisors pursuant to this subdivision shall
not be subject to any protest proceedings.
(c) (1) If a funding source sufficient to support the operations
of the expanded district is identified, 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
boundaries of the proposed expanded district at an election following
the completion of the review pursuant to subdivision (b).
(2) The Riverside County Local Agency Formation Commission shall
direct the board of supervisors to direct county officials to conduct
the necessary election for approval of district expansion by placing
approval of district expansion 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 boundaries of the
expanded district 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.
(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.
32496. (a) No later than December 1, 2016, 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 32494.
(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.
(e) This section shall only become operative if the Desert
Healthcare District is expanded in accordance with Section 32494.
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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to improve the provision of health care services and
access to health care services by residents of the Coachella Valley
region as soon as possible, it is necessary that this act take effect
immediately.