AMENDED IN SENATE JUNE 21, 2018

AMENDED IN SENATE AUGUST 23, 2017

AMENDED IN ASSEMBLY MAY 30, 2017

AMENDED IN ASSEMBLY MARCH 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

93

CHAPTER 706

Statutes of 2018

[ Approved by Governor September 23, 2018. Filed with Secretary of State September 23, 2018. ]

Introduced by Assembly Member Cunningham

February 14, 2017

An act to add Section 6523.11 to the Government Code, relating to local government.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

The Joint Exercise of Powers Act authorizes 2 or more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.

This bill, notwithstanding the law relating to the joint exercise of powers, would authorize a private, nonprofit hospital in the County of Santa Barbara to enter into a joint powers agreement with a public agency. The bill would prohibit nonprofit hospitals and public agencies participating in the agreement from reducing or eliminating any emergency services following the creation of the joint powers authority without a public hearing, as provided.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Barbara.

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

SECTION 1.

Section 6523.11 is added to the Government Code, to read:

6523.11.

(a) Notwithstanding any other provision of this chapter, a private, nonprofit hospital in the County of Santa Barbara may enter into a joint powers agreement with a public agency, as defined in Section 6500.

(b) Nonprofit hospitals and public agencies participating in a joint powers agreement entered into pursuant to subdivision (a) shall not reduce or eliminate any emergency services, as a result of that agreement, following the creation of the joint powers authority without a public hearing by the authority. The joint powers authority shall provide public notice of the hearing to the communities served by the authority not less than 14 days prior to the hearing and the notice shall contain a description of the proposed reductions or changes.

(c) This section shall not be construed to grant any power to a nonprofit hospital that participates in an agreement authorized under this section to levy any tax or assessment. This section shall not permit any entity, other than a nonprofit hospital corporation or a public agency, to participate as a party to an agreement authorized under this section.

SEC. 2.

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 circumstances facing health care providers and nonprofit hospitals in the County of Santa Barbara.