STATUTES OF CALIFORNIA [Ch. 932
CHAPTER 932
An act to add Division 23, comprising Sections 32000 to 32313, inclusive, to the
Health and Safety Code, relating to the establishment, organization, government
and powers of hospital districts.
Approved by Governor June 18, 1945. Filed with Secretary of State
June 18, 1945.]
The people of the State of California do enact as follows:
SECTION I. Division 23, comprising Sections 32000 to 32313, inclusive, is added
to the Health and Safety Code, to read :
DIVISION 23. HOSPITAL DISTRICTS
CHAPTER I. FORMATION OF DISTRICT
32000. This division shall be known
and may be cited as "The Local Hospital District Law."
32001. 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. No territory
which is part of a county having a population in excess of 200,000 as
ascertained by the last preceding census taken under the authority of the
Congress of the United States shall be included in any local hospital district.
32002. The manner of formation of local hospital districts,
the conducting of elections, the annexation and exclusion of territory and the
consolidation and dissolution of such districts shall be as in the manner
provided by "An act relating to governmental units known as districts, and
providing a procedure for the organization, operation, government, consolidation
and dissolution of such districts," approved June 12, 1933(Stats 1933 p.2280).
The provisions of Section 4 of said act and all of the provisions of Divisions
I, II, III and IV thereof are hereby incorporated in this division by reference
and shall have the same effect and force as if fully set forth herein.
32003. 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 15 per cent of the number of votes cast in said proposed district
for the office of Governor at the last preceding election at which a Governor
was elected. The number of written protests required to terminate the
proceedings shall be a majority of the registered voters residing in the
proposed district.
In respect to an election held to determine whether or not a
local hospital district shall be formed, the precincts shall be established, the
election conducted, and the returns canvassed in such a manner that the results
may be declared, and they shall be declared, separately as to each county
supervisorial district in which is situated any of the land proposed to the
voters for inclusion in the hospital district. If in any such supervisorial
district a majority of the votes cast be in favor of organization. the;
supervising authority shall declare the hospital district duly organized and
shall define its boundaries, including therein all of the lands that were
proposed to the voters for inclusion in the hospital district and that are
situate in any supervisorial district in which a majority of the votes
east are in favor of organization. If a majority of the votes
Cast in any supervisorial district be against organization, none of the land in
that supervisorial district shall be included in the
hospital district.
32004. A petition for annexation of land to a local hospital
district shall be signed by registered voters residing within the territory
proposed for annexation, equal in number to at least 13 per cent of the number
of votes cast in that territory for the office of Governor at the last preceding
election at which a Governor was elected. If, upon the hearing held pursuant to
the provisions of Division 3 of the act cited in Section 32002, the governing
body deems it for the best interest of the district that said territory, or part
thereof, be annexed, it shall call and hold an election to decide whether or not
the proposed annexation shall take place. If a majority of the votes east at
such election, the district and in said territory respectively, be in favor of
annexation, the district governing body shall by resolution declare the
territory annexed and shall describe the altered boundaries of the district.
CHAPTER 2. BOARD OF DIRECTORS
Article 1. Election and Organization
32100. The elective officers of a local hospital district
shall be a board of hospital directors consisting of five members, each of whom
shall be a registered voter residing in the district and whose terms shall be
four years, with the exception of the first hoard. The first board of directors
shall be appointed, upon the formation of the district, by the board of
supervisors of the county in which the land or a greater part of the land in the
district is situated. Upon their appointment, the first board so appointed shall
so classify themselves by lot that two members thereof shall go out of office
upon the election and classification of their successors at the first general
election after the district is formed, and three members will go out of office
upon the election and qualification of their successors at the second general
election after the district is formed.
Powers of district
Article 2. Powers
32121. Each local hospital district shall have and exercise
the following powers :
(a) To have and use a corporate seal and alter it at pleasure;
(b) To sue and be sued in all courts and places and in all actions and
proceedings whatever;
(c) To purchase, receive, have, take, hold, lease, use and enjoy property of
every kind and description within the limits of the district, and to control,
dispose of, convey and encumber the same and create a leasehold interest in same
for the benefit of the district;
(d) To exercise the right of eminent domain for the purpose of acquiring real or
personal property of every kind necessary to the exercise of any of the powers
of the district;
(e) To administer any trust declared or created for hospitals of the district,
and received by gift, devise, or bequest and hold in trust or otherwise,
property situated in this State or elsewhere, and where not otherwise provided,
dispose of the same for the benefit of such hospitals.
(f) To prescribe the duties and powers of the manager, secretary and other
officers and employees of any such hospitals; to determine the number of and
appoint all such officers and employees, and to fix their compensation, which
said officers and employees shall hold their offices or positions at the
pleasure of said boards.
(g) To do any and all things which an individual might do which is necessary for
and to the advantage of a hospital and a nurses' training school.
(h) To establish, maintain and operate one or more hospitals, situated within
the territorial limits of the district.
(i) To do any and all other acts and things necessary to carry out the
provisions of this division.
32122. The board of directors may purchase all necessary surgical instruments
and hospital equipment and equipment for nurses' homes and all other property
necessary for equipping a hospital and nurses' home.
32123. The board of directors may purchase such real property, and erect or rent
and equip such buildings or building, room or rooms as may be necessary for the
hospital.
32124. The board of directors may establish a nurses' training school in
connection with the hospital, prescribe a course of study for such training and
after the completion of the course, provide for the issuance of diplomas to
graduate nurses.
32125. The board of directors may make and enforce all rules, regulations and
by-laws necessary for the administration, government, protection and maintenance
of hospitals under their management and all property belonging thereto and may
prescribe the terms upon which patients may be admitted thereto. In fixing the
rates the board shall, insofar as possible establish such rates as will permit
the hospital to be operated upon a self-supporting basis. The board may
establish different rates for residents of the district than for persons who do
not reside within the district.
32126. The board of directors may provide for the operation and maintenance
through tenants of the whole or any part of any hospital acquired or constructed
by it pursuant to this division, and for such purpose may enter into any lease
agreement which it believes will best serve the interest of the district. No
such lease shall run for a term in excess of 10 years.