Official Summary Text
AB 1862, as amended, Boerner.
Use of Taxpayer Funds Act.
Health care districts: transfers of assets.
Existing law, the Local Health Care District Law, provides for the organization, incorporation, and management of health care districts. Existing law authorizes local health care districts to exercise specified powers, including transferring, at fair market value, any part of its assets to one or more corporations to operate and maintain the assets, as specified, and defines “transfer” for these purposes to mean the transfer of ownership of the assets of a district.
This bill would prohibit a health care district from entering into a transfer agreement that allows a private party to the agreement to prohibit, restrict, or otherwise place conditions upon
the health care district’s expenditure of taxpayer funds.
Existing law generally regulates public works and public purchases, including prohibiting a state agency, as defined, from entering into any contract for the purchase of supplies, equipment, or services from any person who is, among other things, in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district.
This bill would prohibit a public entity from entering into any contract, lease, grant agreement, joint venture, partnership, or other arrangement with a private party that, among other things, grants the private party the right to restrict or condition the use, allocation, or disbursement of taxpayer funds collected or received by the public entity. The bill would make any provision of a contract, lease, grant agreement, joint venture, partnership, or other
arrangement that takes effect or commences on or after January 1, 2027, that is in violation of that provision void and unenforceable.
The bill would specify that nothing in its provisions are to be construed to prohibit a public entity from entering into a contract, lease agreement, grant agreement, joint venture, partnership, or other arrangement with a private party that, among other things, grants the private party the right to determine, restrict, or condition the use, allocation, or disbursement of nontaxpayer funds, provided that the authority does not extend in any way to taxpayer funds collected or received by the public entity. The bill would define various terms for its purposes.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.