Bill Text: CA AB2414 | 2015-2016 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: AB 2414	AMENDED
	BILL TEXT

	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  8   10 
(commencing with Section  32494)   32499)
to Division 23 of the Health and Safety Code, relating to health care
districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2414, as amended, 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 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.  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.
   Vote: majority. 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   10  (commencing
with Section  32494)   32499)  is added to
Division 23 of the Health and Safety Code, to read:
      CHAPTER  8.  10.   DESERT HEALTHCARE
DISTRICT REORGANIZATION


    32494.   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 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
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  board of supervisors 
 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 board of supervisors 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 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.
    32496.   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  32494.   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.
   (e) This section shall only become operative if the Desert
Healthcare District is expanded in accordance with Section 
32494.   32499. 
  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.