Amended in Senate August 19, 2016

Amended in Senate August 16, 2016

Amended in Senate June 28, 2016

Amended in Assembly April 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2414

Introduced by Assembly Member Eduardo Garcia

February 19, 2016

An act to add Chapter 10 (commencing with Section 32499) to Division 23 of the Health and Safety Code, relating to health care districts.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete Board of Supervisors of the County of Riverside end delete begin insert district end insert to submit a resolution of application to the Riverside County Local Agency Formation begin delete Commission, and, end delete begin insert Commission to initiate proceedings to expand the district. The bill would require the commission to order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of those proceedings. The bill would require the Board of Supervisors of the County of Riverside, end insert 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 district to pay for election costs, as specified. begin delete 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. end delete By imposing new duties on the County of Riverside, the bill would impose a state-mandated local program.

begin insert

This 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. Following the expansion of the board of directors, the bill would require the board of directors to adopt a resolution to divide the Desert Healthcare District into voting districts for the purpose of electing members of the board of directors from and by the electors of those voting districts beginning with the next district election after January 1, 2020, as specified.

end insert begin insert

This bill would state the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district, as specified.

end insert

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:

SECTION 1.  

Chapter 10 (commencing with Section 32499)
is added to Division 23 of the Health and Safety Code, to read:

 

Chapter  10. Desert Healthcare District Reorganization

 

32499.  

(a) The Desert Healthcare District may be expanded
in accordance with this chapter. All other provisions of this division
shall apply to the Desert Healthcare District following its
reorganization, except as provided in this chapter.

(b) (1) On or before January 5, 2017, the begin delete Board of Supervisors
of the County of Riverside end delete begin insert Desert Healthcare District end insert shall file a
resolution of application with the Riverside County Local Agency
Formation Commission, pursuant to subdivision (a) of Section
56654 of the Government Code, to initiate proceedings by the
Riverside County Local Agency Formation Commission for the
purpose of expanding the Desert Healthcare District to include the
East Coachella Valley region. The expanded district shall include
all communities served by the Desert Healthcare District as of the
date of the filing of the resolution of application, and shall also
include, but not be limited to, the communities of Indian Wells,
La Quinta, Indio, and Coachella, and the unincorporated areas of
Bermuda Dunes, Mecca, Thermal, Oasis, North Shore, and Vista
Santa Rosa. The resolution of application shall comply with Section
56652 of the Government Code and shall specify the source of
funding for the expanded district. The Desert Healthcare District
shall pay any fees associated with the resolution of application.

(2) The Riverside County Local Agency Formation Commission
proceeding shall be deemed initiated on the date the resolution of
application is accepted for filing. Subsequent to initiation of the
proceeding, the commission shall hold a hearing pursuant to
Section 56666 of the Government Code. The commission shall
comply with the notice requirements of Sections 56660 and 56661
of the Government Code in connection with the hearing.

(3) The Riverside County Local Agency Formation Commission
shall complete its proceedings and direct the election required by
paragraph (2) of subdivision (c) no later than 150 days following
receipt of the completed resolution of application. Notwithstanding
any other law, the Riverside County Local Agency Formation
Commission shall not have the power to disapprove the resolution
of application.

(4) Notwithstanding any other law, the resolution of application
filed by the begin delete board of supervisors end delete begin insert Desert Healthcare District end insert
pursuant to this subdivision shall not be subject to any protest
proceedings.

(c) (1) The Riverside County Local Agency Formation
Commission shall order the expansion of the district subject to a
vote of the registered voters residing within the territory to be
annexed at an election following the completion of proceedings
pursuant to subdivision (b). The commission may condition the
annexation on the district’s imposition of sufficient revenues to
provide services within the territory to be annexed, including, but
not limited to, the concurrent approval of special taxes or benefit
assessments that will generate those sufficient revenues.

(2) The Riverside County Local Agency Formation Commission
shall direct the begin delete board of supervisors end delete begin insert Board of Supervisors of the
County of Riverside end insert to direct county officials to conduct the
necessary election for approval of district expansion by placing
approval of district expansion, pursuant to subdivision (d) of
Section 57118 of the Government Code, and approval of any
necessary funding source for the expanded district that requires
voter approval on the ballot at the next countywide election.

(3) If a majority of the voters within the territory ordered to be
annexed vote in favor of the expanded district and if a number of
voters required under applicable law to approve any necessary
funding source that requires voter approval vote in favor of that
funding source, the district shall be expanded in accordance with
this chapter.

(4) The district shall pay to the county the actual cost of the
services rendered in conducting the election.

(d) The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5 of the Government Code) shall not apply to the
expansion of the district pursuant to subdivisions (b) and (c), except
as specified in this part. The act shall apply to any other change
of organization or reorganization as defined in that act, following
the reorganization of the district pursuant to this section.

(e) As used in this chapter, “district” means the Desert
Healthcare District.

32499.2.  

(a) Thirty days after the expansion of the district,
and notwithstanding Sections 32100.01 and 32100.02, the Board
of Directors of the Desert Healthcare District shall adopt a
resolution to increase the number of members of its board of
directors from five to seven without the necessity of a petition or
approval thereof by voters residing within the district. The
resolution shall become effective on the date of, and subject to any
conditions specified in, the resolution.

(b) The additional vacancies created by the expansion shall be
filled by appointment by the board of directors. A person appointed
to fill a vacancy created by subdivision (a) shall be a registered
voter and a resident of the territory annexed by the district pursuant
to Section 32499.

(c) Upon appointment, the board shall, by lot, designate one
member appointed pursuant to subdivision (a) who shall leave
office when his or her successor takes office pursuant to Section
10554 of the Elections Code, and one member appointed pursuant
to subdivision (a) who shall leave office two years thereafter.

(d) A vacancy in one or both of the board positions created by
subdivision (a) after the first appointments to those positions
pursuant to subdivision (b) shall be filled by the methods prescribed
in Section 1780 of the Government begin delete Code. end delete begin insert Code, and, after January
1, 2020, shall be filled by the methods prescribed in Section
32499.3. end insert

(e) This section shall only become operative if the Desert
Healthcare District is expanded in accordance with Section 32499.

begin insert

begin insert 32499.3. end insert   

(a) Following the expansion of the Board of Directors
of the Desert Healthcare District, and notwithstanding Section
32100.1, the board of directors shall adopt a resolution to divide
the district into seven voting districts, number the voting districts
consecutively, and elect members of the board of directors by
voting district beginning with the first district election after
January 1, 2020.

(b) In establishing the voting districts described in subdivision
(a), the board of directors shall provide for representation in
accordance with demographic, including population, and
geographic factors of the entire area of the district. The board of
directors shall fix the time and place and give public notice for a
hearing on the proposed establishment of the voting districts, at
which any elector of the district may present his or her views and
plans in relation to the proposed division, but the board of directors
shall not be bound thereby and their decision, in the resolution
adopted, shall be final.

(c) The resolution adopted pursuant to subdivision (a) shall
declare the voting districts and describe the boundaries of each
voting district.

(d) The voting districts described in subdivision (a) and any
necessary procedures for implementing the election of the board
of directors by voting districts shall be established and
implemented on or before January 1, 2020.

(e) The voting districts established pursuant to this section shall
be effective for the next district election after January 1, 2020. At
the expiration of the terms of office of the members of the board
of directors then in office, and thereafter, these members of the
board of directors shall be elected by voting districts. One member
of the board of directors shall be elected by the electors of each
of the voting districts. A person shall not be eligible to hold the
office of member of the board of directors unless he or she has
been a resident of the voting district from which he or she is elected
for 30 days next preceding the date of the election.

(f) A vacancy upon the board that results in a voting district left
unrepresented prior to the expiration of the term of that board
position shall be filled by appointment of the remaining members
of the board of directors. A member of the board of directors
appointed pursuant to this subdivision shall be a resident of the
voting district left unrepresented on the board of directors.

(g) This section shall become operative only if the Desert
Healthcare District is expanded in accordance with Section 32499.

end insert begin insert

begin insert 32499.4. end insert   

It is the intent of the Legislature that the Desert
Healthcare District maximize the use of its assets to provide direct
health services to individuals within the district through direct
operation of or funding provided to organizations that own or
operate hospitals, medical clinics, ambulance services,
transportation programs for seniors or persons with disabilities,
wellness centers, health education services, promotoras, mental
health services, veterans’ health services, and other similar
services.

end insert

SEC. 2.  

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 community needs in Riverside
County that would be served by the expansion of the Desert
Healthcare District to include the entire Coachella Valley region,
including limited access in the eastern Coachella Valley to health
care services by an underserved population that suffers from a
higher than average prevalence of preventable disease.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.