Chapter 1. Formation Of District of California Health And Safety Code >> Division 23. >> Chapter 1.
This division shall be known and may be cited as "The Local
Health Care District Law." Any reference in any statute to the Local
Hospital District Law shall be deemed a reference to the Local Health
Care District Law, and any reference in any statute to a hospital
district shall be deemed to be a reference to a health care district.
For purposes of this division, both of the following shall
(a) Any reference to "hospital district" or "district" shall mean
"health care district," and any reference to "hospital administrator"
or "administrator" shall mean "chief executive officer."
(b) "Health care facility" shall mean a health facility as defined
in Section 1250 and a clinic as defined in Section 1204.
A local hospital district may be organized, incorporated and
managed, as provided in this division and may exercise the powers
herein granted or necessarily implied. Such a district may include
incorporated or unincorporated territory, or both, or territory in
any one or more counties. The territory comprising this district need
not be contiguous but the territory of a municipal corporation shall
not be divided; provided, that land either in a municipal
corporation or in unincorporated territory which the supervising
authority finds will not be benefited shall not be included.
The manner of formation of local hospital districts, and the
conducting of all hospital district elections, unless otherwise
provided in this division shall be as in the manner provided,
respectively, by Chapter 1 (commencing with Section 58000) of
Division 2 of Title 6 of the Government Code, and Part 3 (commencing
with Section 10400) and Part 4 (commencing with Section 10500) of
Division 10 of the Elections Code. Except as provided in this
division, these provisions are hereby incorporated in this division
by reference and shall have the same effect and force as if fully set
forth herein. In addition to all other requirements regarding
formation of hospital districts, no hearing upon the petition to form
a hospital district shall be held until comments and recommendations
of the Office of Statewide Health Planning and Development and each
area health planning agency having territory within the proposed
district, concerning the need for new or additional health facilities
in the area to be served by the proposed district have been filed
with the supervising authority. The Office of Statewide Health
Planning and Development and the area health planning agency or
agencies shall submit these comments and recommendations to the
supervising authority within 60 days after receiving a request
therefor from the proponents. Failure to submit these comments to the
supervising body within 60 days shall be deemed to constitute a "no
Within five days after the district formation election
has been called, the legislative body which has called the election
shall transmit, by registered mail, a written notification of the
election call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a description
of the proposed district, and may be in the form of a certified copy
of the resolution adopted by the legislative body calling the
district formation election.
The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.
The board of supervisors or any member or members of the
board authorized by the board, or any individual voter or bona fide
association of citizens entitled to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.
If more than one argument for or more than one argument
against the proposed district formation is filed with the election
officials within the time prescribed, such election officials shall
select one of the arguments for printing and distribution to the
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.
The elections officials in charge of conducting the
election shall cause a ballot pamphlet concerning the district
formation proposition to be voted on to be printed and mailed to each
voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following, in the order
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition, prepared by the
local agency formation commission.
(c) The argument for the proposed district formation.
(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The ballot pamphlet is "official
matter" within the meaning of Section 13303 of the Elections Code.
Whenever the formation of a local hospital district is
desired, a petition may be presented at a regular meeting of the
supervising authority of the county in which the land, or a greater
portion of the land, in the proposed district is situated, said
petition to be signed by the registered voters residing within the
boundaries of the proposed district, equal in number to at least 12
percent of the voters registered within the boundaries of the
proposed district 30 days prior to the date the petition is filed.
The number of written protests required to terminate the proceedings
shall be a majority of the registered voters residing in the proposed
If a majority of all the votes cast in the proposed district are
in favor of organization, the supervising authority by resolution
entered on its minutes shall declare the district duly organized
under this act, shall give the name of the district as theretofore
designated and shall describe the boundaries of such district. The
county whose supervising authority declares the district organized
shall be designated the "organizing county."