Amended in Senate April 15, 2013

Senate Bill No. 128

Introduced by Senator Emmerson

January 22, 2013

An act begin delete to amend Section 921 of the Business and Professions Code, end delete relating to begin delete healing arts end delete begin insert community facilities districts, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 128, as amended, Emmerson. begin delete Health care professionals. end delete begin insert Community facilities districts: transfer of governance authority. end insert

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Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes a local agency, as defined, to initiate proceedings to establish a community facilities district for purposes of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation. Existing law authorizes the authority for the governance of one or more community facilities districts to be transferred from the jurisdiction of a county to the jurisdiction of a city upon written agreement entered into between the governing boards of the county and the city and satisfaction of certain conditions.

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This bill would authorize the Hemet Unified School District Community Facilities District No. 2005-1 to be transferred from the jurisdiction of the Hemet Unified School District to the Temecula Valley Unified School District upon written agreement entered into between the governing boards of those school districts, as specified.

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This bill would make legislative findings and declarations as to the necessity of a special statute for Hemet Unified School District Community Facilities District No. 2005-1.

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This bill would declare that it is to take effect immediately as an urgency statute.

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begin delete Existing law, the Health Care Professional Disaster Response Act, states findings of the Legislature regarding the shortage of qualified health care practitioners during times of national or state disasters, and allows a physician and surgeon, whose license has been expired for less than 5 years and who meets specified criteria, to obtain a license without paying fees end delete .

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This bill would make a technical, nonsubstantive change to those provisions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) The French Valley community, located in unincorporated
Riverside County, is located in close proximity to the schools of
the Temecula Valley Unified School District. However, due to
current school district boundary lines, French Valley students are
required to travel long distances by bus to attend schools of the
Hemet Unified School District.

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(b) In 2009, with the support of both the Hemet Valley Unified
School District and the Temecula Valley Unified School District,
proceedings were initiated with the Riverside County Committee
on School District Organization to transfer French Valley from
the Hemet Valley Unified School District to the Temecula Valley
Unified School District, under the French Valley Reorganization
Plan. Approval of the French Valley Reorganization Plan would
authorize French Valley students to permanently attend local
schools of the Temecula Valley Unified School District.

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(c) A portion of the French Valley area to be transferred also
includes an existing community facilities district, known as the
Hemet Unified School District CFD No. 2005-1, to provide
necessary educational and facility financing. To effectuate the
French Valley Reorganization Plan, Hemet Unified School District
CFD No. 2005-1 must also be transferred from the Hemet Valley
Unified School District to the Temecula Valley Unified School
District.

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(d) Legislative approval is required because the Riverside
County Committee of School District Organization lacks the
authority to approve the transfer of the governance of the Hemet
Unified School District CFD No. 2005-1 from the Hemet Valley
Unified School District to the Temecula Valley Unified School
District.

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(e) French Valley students are currently attending schools of
the Temecula Valley Unified School District pursuant to temporary
interdistrict transfers, pending final approval of the French Valley
Reorganization Plan. Approval of the French Valley
Reorganization Plan and transfer of Hemet Unified School District
CFD No. 2005-1 from the Hemet Valley Unified School District
to the Temecula Valley Unified School District will provide comfort
to these children and their families in that they may continue to
attend their neighborhood school on a permanent basis.

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(f) It is necessary and desirable that a process be established
under which the governance of Hemet Valley Unified School
District CFD No. 2005-1 may be transferred from the governing
board of the Hemet Unified School District to the governing board
of the Temecula Valley Unified School District.

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begin insert SEC. 2. end insert   

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Notwithstanding any other law, the jurisdiction of the
Hemet Unified School District CFD No. 2005-1, may be transferred
from the Hemet Unified School District to the Temecula Valley
Unified School District upon written agreement entered into
between the governing boards of those school districts. Except as
otherwise may be provided in the written agreement, upon the
effective date of the transfer of jurisdiction pursuant to the written
agreement all of the following shall apply:

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(a) The legislative body empowered pursuant to Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title
5 of the Government Code to exercise authority over Hemet Unified
School District CFD No. 2005-1 shall be the governing board of
the Temecula Valley Unified School District.

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(b) The Hemet Unified School District shall not bear any liability
for any action taken with regard to Hemet Unified School District
CFD No. 2005-1 on or after the effective date of the transfer of
jurisdiction.

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(c) The Temecula Valley Unified School District shall not bear
any liability for any action taken with regard to Hemet Unified
School District CFD No. 2005-1 before the effective date of the
transfer of jurisdiction.

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begin insert SEC. 3. end insert   

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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 circumstances related to the
transfer of territory from the Hemet Unified School District to the
Temecula Valley Unified School District.

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begin insert SEC. 4. end insert   

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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:

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Completion of the transfer of territory from the Hemet Unified
School District to the Temecula Valley Unified School District
before the start of the 2013-14 school year will avoid disruptions
associated with mid-year transfers.

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SECTION 1.  

Section 921 of the Business and Professions Code
is amended to read:

921.  

(a) The Legislature finds and declares the following:

(1) In times of national or state disasters, a shortage of qualified
health care practitioners may exist in areas throughout the state
where they are desperately required to respond to public health
emergencies.

(2) Health care practitioners with lapsed or inactive licenses
could potentially serve in those areas where a shortage of qualified
health care practitioners exists, if licensing requirements were
streamlined and fees curtailed.

(b) Therefore, it is the intent of the Legislature to address these
matters through the provisions of the Health Care Professional
Disaster Response Act.

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