TRAUMA AND EMERGENCY SERVICES TAX
MEASURE
In
November 2002, County voters approved by a 73%-27% margin Yaroslavskys
proposal to enact a 3 cents/sq.ft. parcel tax on improvements
(buildings)
to fund trauma and emergency services and bioterrorism preparedness efforts Countywide.
The measure is expected to yield some $168 million annually, and
represents the first increase in the base property tax approved by voters since the
enactment of Proposition 13 in 1978.
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE
COUNTY OF LOS ANGELES PROVIDING FOR AND
GIVING NOTICE OF A SPECIAL TAX ELECTION TO BE
HELD IN THE COUNTY OF LOS ANGELES ON
NOVEMBER 5, 2002, AND CONSOLIDATING THE
SPECIAL TAX ELECTION WITH OTHER ELECTIONS
TO BE HELD ON NOVEMBER 5, 2002
WHEREAS,
the Board of Supervisors recognizes that it is necessary and desirable
that the County of Los
Angeles (the "County") levy
a special tax within the County to provide funding for the Countywide System
of Trauma Centers, Emergency Medical Services, and Bioterrorism Response;
and
WHEREAS, the Board of Supervisors deems it necessary and essential to submit
the question of a special tax to the qualified voters within the County at
a special tax election to be held on November 5, 2002, and to consolidate such
election with the other elections to be held on that date;
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of
Los Angeles as follows:
Section 1. A special tax election shall be held and the same is hereby called
and ordered to be held in the County on the 5th day of November, 2002, for
the purpose of submitting to the voters of the County the question of a special
tax to be levied by the County in the amounts and for the purposes hereinafter
set forth.
Section 2. Commencing with Fiscal Year 2003-2004, an annual special tax
to raise revenue to support the Countywide System of Trauma Centers, Emergency
Medical Services, and Bioterrorism Response, is hereby imposed upon all
improved parcels located within the County of Los Angeles. For the initial
fiscal year, July 1, 2003 to June 30, 2004, the special tax shall be the
sum of 3 cents per square foot of structural improvements, excluding the
square footage of improvements used for parking. For each fiscal year after
2003-2004, the Board of Supervisors shall by majority vote set the rate
of the tax; however, in any fiscal year the rate may be set no higher than
the amount of 3 cents per square foot, as adjusted by the cumulative increases,
if any, to the medical component of the Western Urban Consumer Price Index
from July 1, 2003, as established by the United States Bureau of Labor
Statistics. If for any fiscal year the Board fails to set the rate, the
tax shall continue at the same rate as the preceding year.
Section 3. As used in this resolution, the "Countywide System of Trauma
Centers" refers to that System coordinated by the Department of Health
Services, consisting of both public and privately operated resources, that
seeks to build and sustain a Countywide system of prehospital and hospital
trauma care including care provided in, or en route to, from, or between acute
care hospitals, Trauma Centers, or other health care facilities. The funds
raised by this tax will be used, in part, to maintain all aspects of the Countywide
System of Trauma Centers; to expand the System to cover all areas of the County;
to provide financial incentives to keep existing Trauma Centers within the
System; to pay for the costs of Trauma Centers, including physician and other
personnel costs; to defray administrative expenses related to the foregoing,
including the payment of salaries and benefits of Department of Health Services
personnel and other incidental expenses; and to recover the costs of the special
election called pursuant to Section 1 hereof, and the reasonable costs incurred
by the County in spreading, billing and collecting the special tax.
Section
4. As used in this resolution, the term "Trauma Center" refers to
a hospital that maintains specialized equipment and a panel of physician specialists,
including a trauma surgeon available 24 hours a day, 7 days a week to treat
trauma patients. In the case of private hospitals, “Trauma Centers” are
designated by the County and operate pursuant to a contract with the County.
Trauma is a critical injury most often caused by a physical force, frequently
the consequence of motor vehicle crashes, falls, drowning, gun shots, fires
and burns, stabbing, or blunt assault. Trauma is the leading cause of death
in the first four decades of life, and the cost of maintaining a Trauma Center
is often not fully reimbursed by insurance, even when a trauma patient has
insurance.
Section 5. As used in this resolution, "Emergency Medical Services" refers
to pre-hospital and hospital critical and urgent emergency care, including
care provided in, or en route to, from or between acute care hospitals or other
health care facilities. It is observed that in the 1990s there has been a decline
in the number of facilities available in the County which provide Trauma Care
or Emergency Medical Services, while at the same time the number of emergency
and critical visits has dramatically increased. In addition, there is a growing
percentage of emergency patients who are uninsured, such that emergency facilities
are frequently uncompensated for their services. Eighty percent of California
licensed emergency departments lost money during the 1998-99 fiscal year. These
conditions have left many hospitals with no alternative but to close the doors
of their emergency departments. As emergency care is often provided by the
nearest available facility, such closures impact everyone in the County, whether
or not they are insured.
Section 6. The funds raised by this tax will be used, in part, to coordinate
and maintain a countywide system of Emergency Medical Services; to pay for
the costs of Emergency Medical Services, including physician and other personnel
costs; to defray administrative expenses related to the foregoing, including
the payment of salaries and benefits of Department of Health Services personnel
and other incidental expenses; and to recover the costs of the special election
called pursuant to Section 1 hereof, and the reasonable costs incurred by the
County in spreading, billing and collecting the special tax.
Section 7. As used in this resolution, "Bioterrorism Response" refers
to activities undertaken, directly or through contract, or coordinated by,
the County Department of Health Services to address the medical needs of persons
exposed to bioterrorist or chemical attack. The funds raised by this tax will
be used, in part, to enable the stockpiling of safe and appropriate medicines
to treat persons affected by a bioterrorist or chemical attack; to train healthcare
workers and other emergency personnel in dealing with the medical needs of
those exposed to a bioterrorist or chemical attack; to provide medical screenings
and treatment for exposure to biological or chemical agents in the event of
bioterrorist or chemical attack; to ensure the availability of mental health
services in the event of terrorist attacks; to defray administrative expenses
related to the foregoing including the payment of salaries and benefits of
Department of Health Services personnel and other incidental expenses; and
to recover the costs of the special election called pursuant to Section 1 hereof,
and reasonable costs incurred by the County in spreading, billing and collecting
the special tax.
Section 8. The Auditor-Controller of the County of Los Angeles shall create
a new account into which the proceeds from the special tax authorized herein
shall be deposited. The Auditor-Controller shall file a report with the County
Board of Supervisors, by no later than January 1, 2005, and by January 1 of
each year thereafter, stating the amount of funds collected and expended pursuant
to this measure, and also the status of the projects required or authorized
to be funded pursuant to sections 3, 6 and 7 herein.
Section 9. The Department of Health Services of the County of Los Angeles shall
expend the revenues raised from this special tax only for the purposes identified
in sections 3, 6 and 7 herein.
Section 10. The Treasurer and Tax Collector of the County of Los Angeles shall
collect the special tax authorized herein, for the initial Fiscal Year 2003-2004
and for subsequent fiscal years, on the tax roll at the same time and in the
same manner, and subject to the same penalties as the ad valorem property taxes
fixed and collected by or on behalf of the County of
Los Angeles.
Section 11. Insofar as feasible, all laws and procedures regarding exemptions,
due dates, installment payments, corrections, cancellations, refunds, late
payments, penalties, liens and collections for secured roll ad valorem property
taxes shall be applicable to the collection of this special tax. The secured
roll tax bills shall be the only notices required for any special tax levied.
The Assessor shall establish and administer an appeals process to address and
correct potential errors or inequities in the levy of the special tax authorized
herein.
Section 12. The Proposition for the County to levy a special tax shall appear
on the ballot substantially as follows:
PRESERVATION OF TRAUMA CENTERS AND EMERGENCY MEDICAL SERVICES; BIOTERRORISM
RESPONSE.
To avoid the life-threatening shutdown of Los Angeles County’s
trauma network, maintain and expand the trauma network countywide,
ensure more timely response to critical and urgent medical emergencies
and respond effectively to biological or chemical terrorism, shall
all property owners pay an annual tax
of three cents per square foot of improvements (buildings) on developed
property?
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YES ____
NO ____
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Section 13. The votes cast for and against the Proposition shall be separately
counted and if the Proposition receives the required number of votes,
two-thirds of the votes of the qualified electors voting on the Proposition,
the special tax in the amounts and for the purposes stated herein shall
be effective and levied by the County.
Section 14. All qualified voters residing within the County shall be permitted
to vote in the election and in all particulars not recited in this resolution,
the election shall be held as nearly as practicable in conformity with the
Elections Code of the State of California.
Section 15. The special election called by this resolution shall be consolidated
with the elections conducted by the Registrar-Recorder/County Clerk to be held
in the County of
Los Angeles on November 5, 2002, and the Proposition shall be placed on the
same ballot to the extent the elections are concurrent, and the same precincts,
polling places, election officers and facilities shall be used for the elections.
Section 16. Based upon all of the facts before it on this matter, the
Board of Supervisors finds that the submission of this question of a special tax
to the voters is not subject to, or is exempt from,
the California Environmental Quality Act ( CEQA) on the independent grounds
that:
A. It is not a project as defined by 14 California Code of Regulations
Section 15378
(b)(3 ) relating to ballot measures submitted to a vote of the people.
The proposal for a special tax is required by law to be submitted to a vote as set out in this Resolution.
B. It is not a project as defined by 14 California Code of Regulations
Section 15378 (b)(4) relating to the creation of government funding mechanisms
which do not involve commitment to any specific project which may result
in a potentially significant physical impact on the environment.
Further, the Board finds that the submission of this question to the voters
also would be exempt from CEQA, if it were a project, on the independent basis of the
following exemptions:
A. It is exempt based upon Public Resources Code Section 21080 (b)(8)
and 14 California Code of
Regulations Section 15273 (a) because the Board of Supervisors finds
as specifically set out in this Resolution, that the special tax is for the
purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits,
(B) purchasing or leasing supplies, equipment or materials, (C) meeting financial reserve needs
and requirements, and ( D) obtaining funds for capital projects necessary to maintain service within
existing service areas;
B. It is exempt based upon 14 California Code of Regulations Section 15301
relating to the operation and minor alteration of existing public or private structures
with a negligible expansion of an existing use;
C. It is exempt based upon 14 California Code of Regulations Section 15061
(b)(3) which provides the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment, and it can be seen with
certainty that there is no possibility that the submission of this question to the voters will have
a significant effect on the environment.
The foregoing resolution was on the _____ day of July, 2002, adopted by the
Board of Supervisors of the County of Los Angeles and ex-officio the governing
body of all other special assessment and taxing districts, agencies and authorities
for which said Board so acts.
VIOLET VARONA-LUKENS, Executive Officer-Clerk of the Board of Supervisors
of the County of Los Angeles
By:________________________________
Deputy
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
By:_____________________________
Deputy
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