BILL NUMBER: AB 245	CHAPTERED  04/17/06

	CHAPTER  18
	FILED WITH SECRETARY OF STATE  APRIL 17, 2006
	APPROVED BY GOVERNOR  APRIL 17, 2006
	PASSED THE ASSEMBLY  MARCH 30, 2006
	PASSED THE SENATE  MARCH 15, 2006
	AMENDED IN SENATE  FEBRUARY 22, 2006
	AMENDED IN SENATE  FEBRUARY 17, 2006
	AMENDED IN SENATE  JUNE 8, 2005
	AMENDED IN ASSEMBLY  MAY 4, 2005

INTRODUCED BY   Assembly Member Berg
   (Coauthor: Senator Aanestad)

                        FEBRUARY 7, 2005

   An act to add Section 32100.3 to the Health and Safety Code,
relating to health care districts, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 245, Berg  Trinity County Health Care District: election of
board members.
   Existing law provides for the formation and administration of
hospital districts including provisions relating to financing through
assessments and bond issuance, the appointment of the governing
board, and setting forth the powers of the board, including, but not
limited to, the power to enter into contract for equipping, staffing,
and operating hospitals.
   This bill would, notwithstanding those provisions, require
election at large of the board of directors of a health care district
formed in the County of Trinity, would set the terms of those
members, and would provide for the filling of vacancies.
   This bill would make certain findings and declarations regarding
the inapplicability of a general statute within the meaning of
Section 16 of Article IV of the California Constitution.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 32100.3 is added to the Health and Safety Code,
to read:
   32100.3.  (a) Notwithstanding Section 32100, the members of the
first board of directors of a health care district formed, after the
effective date of the act that added this section, in the County of
Trinity shall be elected at large.
   (b) At their first meeting, the members of the directors shall
classify themselves by lot into two classes. One class shall have
three members and the other class shall have two members. For the
class that has three members, the initial term of office shall be
four years. For the class that has two members, the initial term of
office shall be two years. Thereafter, the term of office of all
members shall be four years.
   (c) Any vacancies in the office of a member elected to the board
of directors shall be filled pursuant to Section 1780 of the
Government Code.
  SEC. 2.  (a) Due to the unique circumstances concerning the County
of Trinity, it is necessary that a hospital district board members be
elected through a direct election in that county, and the
Legislature finds and declares that a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution.
   (b) The Legislature finds and declares that, in 2004, the County
of Trinity faced severe fiscal problems with the continued operation
of the Trinity Hospital. The Legislature responded by enacting
Chapter 930 of the Statutes of 2004 to allow the Trinity Public
Utility District to exercise the powers of a health care district.
Since then, local residents and officials have proposed the formation
of a new health care district in the County of Trinity that would
have a directly elected board of directors. Because the Local Health
Care District Law (Division 23 (commencing with Section 32000)) of
the Health and Safety Code, does not permit the initial board of
directors of a newly formed health care district to be directly
elected, it is necessary for the Legislature to enact a special act
which allows for the direct election of that board of directors.
  SEC. 3.  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:
   The potential financial and instructional collapse of the Trinity
Hospital poses a serious threat to the public health and safety of
the residents of Trinity County. An election to form a new health
care district in the County of Trinity may be held in November 2006.
The newly formed health care district would assume the responsibility
for the Trinity Hospital to protect Trinity County's residents'
public health and safety. In order to allow local voters to directly
elect the health care district's initial board of directors at the
earliest possible time it is necessary that this act take effect
immediately.