California 2019 2019-2020 Regular Session

California Assembly Bill AB1095 Introduced / Bill

Filed 02/21/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1095Introduced by Assembly Member Eduardo GarciaFebruary 21, 2019 An act to amend Section 32499.2 of the Health and Safety Code, relating to health care districts. LEGISLATIVE COUNSEL'S DIGESTAB 1095, as introduced, 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. Existing law authorizes the expansion of the Desert Healthcare District, as specified, and requires the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the districts 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. Existing law requires the board to designate 1 of those appointees to leave office when their successor takes office and the other appointee to leave office 2 years thereafter.This bill would instead require the board to designate 1 appointee to have an initial term of office for 2 years and the other appointee to have an initial term of office for 4 years.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 32499.2 of the Health and Safety Code is amended to read: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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.(e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1095Introduced by Assembly Member Eduardo GarciaFebruary 21, 2019 An act to amend Section 32499.2 of the Health and Safety Code, relating to health care districts. LEGISLATIVE COUNSEL'S DIGESTAB 1095, as introduced, 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. Existing law authorizes the expansion of the Desert Healthcare District, as specified, and requires the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the districts 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. Existing law requires the board to designate 1 of those appointees to leave office when their successor takes office and the other appointee to leave office 2 years thereafter.This bill would instead require the board to designate 1 appointee to have an initial term of office for 2 years and the other appointee to have an initial term of office for 4 years.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1095

Introduced by Assembly Member Eduardo GarciaFebruary 21, 2019

Introduced by Assembly Member Eduardo Garcia
February 21, 2019

 An act to amend Section 32499.2 of the Health and Safety Code, relating to health care districts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1095, as introduced, 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. Existing law authorizes the expansion of the Desert Healthcare District, as specified, and requires the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the districts 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. Existing law requires the board to designate 1 of those appointees to leave office when their successor takes office and the other appointee to leave office 2 years thereafter.This bill would instead require the board to designate 1 appointee to have an initial term of office for 2 years and the other appointee to have an initial term of office for 4 years.

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. Existing law authorizes the expansion of the Desert Healthcare District, as specified, and requires the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the districts 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. Existing law requires the board to designate 1 of those appointees to leave office when their successor takes office and the other appointee to leave office 2 years thereafter.

This bill would instead require the board to designate 1 appointee to have an initial term of office for 2 years and the other appointee to have an initial term of office for 4 years.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 32499.2 of the Health and Safety Code is amended to read: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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.(e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499.

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

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

SECTION 1. Section 32499.2 of the Health and Safety Code is amended to read: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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.(e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499.

SECTION 1. Section 32499.2 of the Health and Safety Code is amended to read:

### SECTION 1.

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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.(e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499.

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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.(e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499.

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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.(e) This section shall only become operative if the Desert Healthcare District is expanded in accordance with Section 32499.



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, (b) to have an initial term of office for two years and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. (b) to have an initial term of office for four years.

(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 Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3.

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