Amended IN Senate August 23, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 892Introduced by Assembly Member BainsFebruary 14, 2023 An act to add Section 101855.3 Sections 101855.3 and 101855.4 to the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 892, as amended, Bains. Kern County Hospital Authority.Existing law, the Kern County Hospital Authority Act, establishes the Kern County Hospital Authority, which maintains and operates the Kern Medical Center and is governed by a board of governors that is appointed, both initially and continually, by the board of supervisors. Existing law requires the authority to provide management, administration, and other controls as needed to operate the medical center, and maintain its status as a designated public hospital. The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The Existing law requires the authority to maintain financial and accounting records.Existing law, the California Public Records Act Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the authority to comply with the act, except as specified.This bill would require that all entities controlled, owned, administered, or funded by the authority be subject to the Meyer-Milias-Brown Act, the Ralph M. Brown Act, and the California Public Records Act. subject the Kern Medical Center Foundation to the California Public Records Act in the same manner as the authority.The bill would require the authority and the Kern Medical Center Foundation to maintain accounting records and to report accounting transactions in accordance with generally accepted accounting principles, as specified. The bill would require the authority, at least once every 12 months, to engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, as specified, to prepare a report of the audit, and to make copies of the reports available to the public on the authoritys internet website.By imposing new duties on creating new duties for the authority, the bill would impose a state-mandated local program.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 the statutory provisions noted above.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern and Kern Medical Center Foundation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 101855.3 is added to the Health and Safety Code, to read:101855.3.All entities controlled, owned, administered, or funded by the authority shall be subject to the provisions of the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). SECTION 1. Section 101855.3 is added to the Health and Safety Code, to read:101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.SEC. 2. Section 101855.4 is added to the Health and Safety Code, to read:101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.SEC. 2.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.SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique operating structure of the authority authorized by state law.
Amended IN Senate August 23, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 892Introduced by Assembly Member BainsFebruary 14, 2023 An act to add Section 101855.3 Sections 101855.3 and 101855.4 to the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 892, as amended, Bains. Kern County Hospital Authority.Existing law, the Kern County Hospital Authority Act, establishes the Kern County Hospital Authority, which maintains and operates the Kern Medical Center and is governed by a board of governors that is appointed, both initially and continually, by the board of supervisors. Existing law requires the authority to provide management, administration, and other controls as needed to operate the medical center, and maintain its status as a designated public hospital. The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The Existing law requires the authority to maintain financial and accounting records.Existing law, the California Public Records Act Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the authority to comply with the act, except as specified.This bill would require that all entities controlled, owned, administered, or funded by the authority be subject to the Meyer-Milias-Brown Act, the Ralph M. Brown Act, and the California Public Records Act. subject the Kern Medical Center Foundation to the California Public Records Act in the same manner as the authority.The bill would require the authority and the Kern Medical Center Foundation to maintain accounting records and to report accounting transactions in accordance with generally accepted accounting principles, as specified. The bill would require the authority, at least once every 12 months, to engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, as specified, to prepare a report of the audit, and to make copies of the reports available to the public on the authoritys internet website.By imposing new duties on creating new duties for the authority, the bill would impose a state-mandated local program.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 the statutory provisions noted above.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern and Kern Medical Center Foundation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate August 23, 2024
Amended IN Senate August 23, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 892
Introduced by Assembly Member BainsFebruary 14, 2023
Introduced by Assembly Member Bains
February 14, 2023
An act to add Section 101855.3 Sections 101855.3 and 101855.4 to the Health and Safety Code, relating to health and care facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 892, as amended, Bains. Kern County Hospital Authority.
Existing law, the Kern County Hospital Authority Act, establishes the Kern County Hospital Authority, which maintains and operates the Kern Medical Center and is governed by a board of governors that is appointed, both initially and continually, by the board of supervisors. Existing law requires the authority to provide management, administration, and other controls as needed to operate the medical center, and maintain its status as a designated public hospital. The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The Existing law requires the authority to maintain financial and accounting records.Existing law, the California Public Records Act Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the authority to comply with the act, except as specified.This bill would require that all entities controlled, owned, administered, or funded by the authority be subject to the Meyer-Milias-Brown Act, the Ralph M. Brown Act, and the California Public Records Act. subject the Kern Medical Center Foundation to the California Public Records Act in the same manner as the authority.The bill would require the authority and the Kern Medical Center Foundation to maintain accounting records and to report accounting transactions in accordance with generally accepted accounting principles, as specified. The bill would require the authority, at least once every 12 months, to engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, as specified, to prepare a report of the audit, and to make copies of the reports available to the public on the authoritys internet website.By imposing new duties on creating new duties for the authority, the bill would impose a state-mandated local program.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 the statutory provisions noted above.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern and Kern Medical Center Foundation.
Existing law, the Kern County Hospital Authority Act, establishes the Kern County Hospital Authority, which maintains and operates the Kern Medical Center and is governed by a board of governors that is appointed, both initially and continually, by the board of supervisors. Existing law requires the authority to provide management, administration, and other controls as needed to operate the medical center, and maintain its status as a designated public hospital. The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees, and requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The Existing law requires the authority to maintain financial and accounting records.
Existing law, the California Public Records Act Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the authority to comply with the act, except as specified.
This bill would require that all entities controlled, owned, administered, or funded by the authority be subject to the Meyer-Milias-Brown Act, the Ralph M. Brown Act, and the California Public Records Act. subject the Kern Medical Center Foundation to the California Public Records Act in the same manner as the authority.
The bill would require the authority and the Kern Medical Center Foundation to maintain accounting records and to report accounting transactions in accordance with generally accepted accounting principles, as specified. The bill would require the authority, at least once every 12 months, to engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, as specified, to prepare a report of the audit, and to make copies of the reports available to the public on the authoritys internet website.
By imposing new duties on creating new duties for the authority, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern and Kern Medical Center Foundation.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 101855.3 is added to the Health and Safety Code, to read:101855.3.All entities controlled, owned, administered, or funded by the authority shall be subject to the provisions of the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). SECTION 1. Section 101855.3 is added to the Health and Safety Code, to read:101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.SEC. 2. Section 101855.4 is added to the Health and Safety Code, to read:101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.SEC. 2.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.SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique operating structure of the authority authorized by state law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
All entities controlled, owned, administered, or funded by the authority shall be subject to the provisions of the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
SECTION 1. Section 101855.3 is added to the Health and Safety Code, to read:101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.
SECTION 1. Section 101855.3 is added to the Health and Safety Code, to read:
### SECTION 1.
101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.
101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.
101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.
101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority.
SEC. 2. Section 101855.4 is added to the Health and Safety Code, to read:101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.
SEC. 2. Section 101855.4 is added to the Health and Safety Code, to read:
### SEC. 2.
101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.
101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.
101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.
101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation.
(b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board.
(c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authoritys internet website.
SEC. 2.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.
SEC. 2.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.
SEC. 2.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.
### SEC. 2.SEC. 3.
SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique operating structure of the authority authorized by state law.
SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique operating structure of the authority authorized by state law.
SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique operating structure of the authority authorized by state law.
### SEC. 4.