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 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:
Chapter 8 (commencing with Section 32494) is
2added to Division 23 of the Health and Safety Code, to read:
3
(a) The Desert Healthcare District may be expanded
7in accordance with this chapter. All other provisions of this division
8shall apply to the Desert Healthcare District following its
9reorganization, except as provided in this chapter.
10(b) (1) On or before
January 5, 2017, the Board of Supervisors
11of the County of Riverside shall file a resolution of application
12with the Riverside County Local Agency Formation Commission,
13pursuant to subdivision (a) of Section 56654 of the Government
14Code, to initiate proceedings by the Riverside County Local
15Agency Formation Commission for the purpose of expanding the
P3 1Desert Healthcare District to include the East Coachella Valley
2region. The expanded district shall include all communities served
3by the Desert Healthcare District as of the date of the filing of the
4resolution of application, and shall also include, but not be limited
5to, the communities of Indian Wells, La Quinta, Indio, and
6Coachella, and the unincorporated areas of Bermuda Dunes, Mecca,
7Thermal, Oasis, North Shore, and Vista Santa Rosa. The resolution
8of application shall comply with Section 56652 of the Government
9Code and
shall specify the source of funding for the expanded
10district. The board of supervisors shall pay any fees associated
11with the resolution of application.
12(2) The Riverside County Local Agency Formation Commission
13proceeding shall be deemed initiated on the date the resolution of
14application is accepted for filing. Subsequent to initiation of the
15proceeding, the commission shall hold a hearing pursuant to
16Section 56666 of the Government Code. The commission shall
17comply with the notice requirements of Sections 56660 and 56661
18of the Government Code in connection with the hearing.
19(3) The Riverside County Local Agency Formation Commission
20shall complete its proceedings and direct the election required by
21paragraph (2) of subdivision (c) no later than
150 days following
22receipt of the completed resolution of application. Notwithstanding
23any other law, the Riverside County Local Agency Formation
24Commission shall not have the power to disapprove the resolution
25of application.
26(4) Notwithstanding any other law, the resolution of application
27filed by the board of supervisors pursuant to this subdivision shall
28not be subject to any protest proceedings.
29(c) (1) The Riverside County Local Agency Formation
30Commission shall order the expansion of the district subject to a
31vote of the registered voters residing within the territory to be
32annexed at an election following the completion of proceedings
33pursuant to subdivision (b).begin insert The
commission may condition the
34annexation on the district’s imposition of sufficient revenues to
35provide services within the territory to be annexed, including, but
36not limited to, the concurrent approval of special taxes or benefit
37assessments that will generate those sufficient revenues.end insert
38(2) The Riverside County Local Agency Formation Commission
39shall direct the board of supervisors to direct county officials to
40conduct the necessary election for approval of district expansion
P4 1by placing approval of district expansion, pursuant to subdivision
2(d) of Section 57118 of the Government Code, and approval of
3any necessary funding source for the expanded district that requires
4voter approval on the ballot at the next countywide election.
5(3) If a majority of the voters within the
territory ordered to be
6annexed vote in favor of the expanded district and if a number of
7voters required under applicable law to approve any necessary
8funding source that requires voter approval vote in favor of that
9funding source, the district shall be expanded in accordance with
10this chapter.
11(d) The Cortese-Knox-Hertzberg Local Government
12Reorganization Act of 2000 (Division 3 (commencing with Section
1356000) of Title 5 of the Government Code) shall not apply to the
14expansion of the district pursuant to subdivisions (b) and (c), except
15as specified in this part. The act shall apply to any other change
16of organization or reorganization as defined in that act, following
17the reorganization of the district pursuant to this section.
18(e) As used in this chapter,
“district” means the Desert
19Healthcare District.
(a) Thirty days after the expansion of the district, and
21notwithstanding Sections 32100.01 and 32100.02, the Board of
22Directors of the Desert Healthcare District shall adopt a resolution
23to increase the number of members of its board of directors from
24five to seven without the necessity of a petition or approval thereof
25by voters residing within the district. The resolution shall become
26effective on the date of, and subject to any conditions specified
27in, the resolution.
28(b) The additional vacancies created by the expansion shall be
29filled by appointment by the board of directors. A person appointed
30to fill a vacancy created by subdivision (a) shall be a registered
31voter
and a resident of the territory annexed by the district pursuant
32to Section 32494.
33(c) Upon appointment, the board shall, by lot, designate one
34member appointed pursuant to subdivision (a) who shall leave
35office when his or her successor takes office pursuant to Section
3610554 of the Elections Code, and one member appointed pursuant
37to subdivision (a) who shall leave office two years thereafter.
38(d) A vacancy in one or both of the board positions created by
39subdivision (a) after the first appointments to those positions
P5 1pursuant to subdivision (b) shall be filled by the methods prescribed
2in Section 1780 of the Government Code.
3(e) This section shall only become operative if the Desert
4Healthcare District is expanded in
accordance with Section 32494.
The Legislature finds and declares that a special law
6is necessary and that a general law cannot be made applicable
7within the meaning of Section 16 of Article IV of the California
8Constitution because of the unique community needs in Riverside
9County that would be served by the expansion of the Desert
10Healthcare District to include the entire Coachella Valley region,
11including limited access in the eastern Coachella Valley to health
12care services by an underserved population that suffers from a
13higher than average prevalence of preventable disease.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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