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.begin insert The bill would require the district to pay for election costs, as specified.end insert 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 begin delete8end deletebegin insert10end insert (commencing with Section
2begin delete32494)end deletebegin insert32499)end insert is added to Division 23 of the Health and Safety
3Code, to read:
4
(a) The Desert Healthcare District may be expanded
10in accordance with this chapter. All other provisions of this division
11shall apply to the Desert Healthcare District following its
12reorganization, except as provided in this chapter.
P3 1(b) (1) On or before January 5, 2017, the Board of Supervisors
2of the County of Riverside shall file a resolution of application
3with the Riverside County Local Agency Formation Commission,
4pursuant to subdivision (a) of Section 56654 of the Government
5
Code, to initiate proceedings by the Riverside County Local
6Agency Formation Commission for the purpose of expanding the
7Desert Healthcare District to include the East Coachella Valley
8region. The expanded district shall include all communities served
9by the Desert Healthcare District as of the date of the filing of the
10resolution of application, and shall also include, but not be limited
11to, the communities of Indian Wells, La Quinta, Indio, and
12Coachella, and the unincorporated areas of Bermuda Dunes, Mecca,
13Thermal, Oasis, North Shore, and Vista Santa Rosa. The resolution
14of application shall comply with Section 56652 of the Government
15Code and shall specify the source of funding for the expanded
16district. Thebegin delete board of supervisorsend deletebegin insert Desert Healthcare
Districtend insert shall
17pay any fees associated with the resolution of application.
18(2) The Riverside County Local Agency Formation Commission
19proceeding shall be deemed initiated on the date the resolution of
20application is accepted for filing. Subsequent to initiation of the
21proceeding, the commission shall hold a hearing pursuant to
22Section 56666 of the Government Code. The commission shall
23comply with the notice requirements of Sections 56660 and 56661
24of the Government Code in connection with the hearing.
25(3) The Riverside County Local Agency Formation Commission
26shall complete its proceedings and direct the election required by
27paragraph (2) of subdivision (c) no later than 150 days following
28receipt of the completed resolution of application. Notwithstanding
29any
other law, the Riverside County Local Agency Formation
30Commission shall not have the power to disapprove the resolution
31of application.
32(4) Notwithstanding any other law, the resolution of application
33filed by the board of supervisors pursuant to this subdivision shall
34not be subject to any protest proceedings.
35(c) (1) The Riverside County Local Agency Formation
36Commission shall order the expansion of the district subject to a
37vote of the registered voters residing within the territory to be
38annexed at an election following the completion of proceedings
39pursuant to subdivision (b). The commission may condition the
40annexation on the district’s imposition of sufficient revenues to
P4 1provide services within the territory to be annexed, including, but
2not limited
to, the concurrent approval of special taxes or benefit
3assessments that will generate those sufficient revenues.
4(2) The Riverside County Local Agency Formation Commission
5shall direct the board of supervisors to direct county officials to
6conduct the necessary election for approval of district expansion
7by placing approval of district expansion, pursuant to subdivision
8(d) of Section 57118 of the Government Code, and approval of
9any necessary funding source for the expanded district that requires
10voter approval on the ballot at the next countywide election.
11(3) If a majority of the voters within the territory ordered to be
12annexed vote in favor of the expanded district and if a number of
13voters required under applicable law to approve any necessary
14funding source that requires voter
approval vote in favor of that
15funding source, the district shall be expanded in accordance with
16this chapter.
17
(4) The district shall pay to the county the actual cost of the
18services rendered in conducting the election.
19(d) The Cortese-Knox-Hertzberg Local Government
20Reorganization Act of 2000 (Division 3 (commencing with Section
2156000) of Title 5 of the Government Code) shall not apply to the
22expansion of the district pursuant to subdivisions (b) and (c), except
23as specified in this part. The act shall apply to any other change
24of organization or reorganization as defined in that act, following
25the reorganization of the district pursuant to this section.
26(e) As used in this chapter, “district” means the Desert
27Healthcare District.
(a) Thirty days after the expansion of the district,
30and notwithstanding Sections 32100.01 and 32100.02, the Board
31of Directors of the Desert Healthcare District shall adopt a
32resolution to increase the number of members of its board of
33directors from five to seven without the necessity of a petition or
34approval thereof by voters residing within the district. The
35resolution shall become effective on the date of, and subject to any
36conditions specified in, the resolution.
37(b) The additional
vacancies created by the expansion shall be
38filled by appointment by the board of directors. A person appointed
39to fill a vacancy created by subdivision (a) shall be a registered
P5 1voter and a resident of the territory annexed by the district pursuant
2to Sectionbegin delete 32494.end deletebegin insert 32499.end insert
3(c) Upon appointment, the board shall, by lot, designate one
4member appointed pursuant to subdivision (a) who shall leave
5office when his or her successor takes office pursuant to Section
610554 of the Elections Code, and one member appointed pursuant
7to subdivision (a) who shall leave office two years thereafter.
8(d) A vacancy in one or both of
the board positions created by
9subdivision (a) after the first appointments to those positions
10pursuant to subdivision (b) shall be filled by the methods prescribed
11in Section 1780 of the Government Code.
12(e) This section shall only become operative if the Desert
13Healthcare District is expanded in accordance with Sectionbegin delete 32494.end delete
14
begin insert 32499.end insert
The Legislature finds and declares that a special law
16is necessary and that a general law cannot be made applicable
17within the meaning of Section 16 of Article IV of the California
18Constitution because of the unique community needs in Riverside
19County that would be served by the expansion of the Desert
20Healthcare District to include the entire Coachella Valley region,
21including limited access in the eastern Coachella Valley to health
22care services by an underserved population that suffers from a
23higher than average prevalence of preventable disease.
If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.
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