BILL NUMBER: SB 128 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Emmerson
JANUARY 22, 2013
An act to amend Section 921 of the Business and
Professions Code, relating to healing arts
community facilities districts, and declaring the
urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 128, as amended, Emmerson. Health care professionals.
Community facilities districts: transfer of governance
authority.
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.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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
.
This bill would make a technical, nonsubstantive change to those
provisions.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
(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.
(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.
(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.
(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.
SEC. 2. 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:
(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.
(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.
(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.
SEC. 3. 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.
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:
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.
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.