Friends of MarinHealth
THE PEOPLE OF THE MARIN HEALTHCARE DISTRICT DO ORDAIN AS FOLLOWS:
SECTION 1. Title. This measure shall be known and may be cited as the Marin Safe and Reliable Emergency Healthcare Initiative (the “Initiative”).
SECTION 2. Findings and Purpose.
A. Findings. The people of the Marin Healthcare District (“District”) find and declare the following:
1. The mission of the Marin Healthcare District is to enhance the provision of quality health care in Marin County by supporting the highest quality medical, trauma, emergency cardiac, and psychiatric care at MarinHealth Medical Center for the benefit of the Marin County communities it serves.
2. MarinHealth Medical Center is also the only designated Trauma Center in Marin County. Studies show that being treated at a Trauma Center increases a seriously injured patient’s chances of survival by up to 25 percent.
3. In an emergency, seconds can mean the difference between life and death. There is only one highway in and out of Marin County, and traffic is often so bad that it can take well over an hour to get to a neighboring hospital. It is therefore critical that Marin residents have rapid local access to the most advanced life-saving medical care when and where we need it most – right here in Marin County.
4. Although many hospitals are owned by large private corporations focused on making profits, MarinHealth Medical Center is owned and controlled by the District and accountable to its residents, with all proceeds reinvested locally to provide the best quality healthcare for our community.
5. Over the past decade, many hospitals in California have closed – and many more are barely surviving. With Federal and state funding for healthcare services shrinking, high-quality healthcare in Marin County is increasingly at risk.
6. Emergency Room visits have also increased by nearly 25% over the past decade and are expected to continue to rise. We need to expand MarinHealth Medical Center’s emergency room, operating rooms, and patient rooms just to keep pace. Moreover, California law mandates that all patient rooms and acute care facilities meet strict earthquake safety standards or they can be forced by the state to close.
7. Some of MarinHealth Medical Center’s operating rooms were originally built more than 70 years ago, and funds are needed to complete the final phase of the hospital’s earthquake safety upgrades.
8. The residents of Marin County seek to maintain local access to advanced, life-saving emergency medical care for victims of accidents, heart attacks, strokes, and other emergencies. We also seek to expand and upgrade intensive care, trauma, triage, ER, emergency cardiac, and medical facilities, and to attract and retain highly qualified doctors and nurses, including by providing them with modern technology, leading equipment, and new innovations to provide the best possible care for Marin residents.
9. This Initiative therefore adopts a special non-ad valorem parcel tax on taxable real property within the District to fund the following critical needs: the expansion and modernization of intensive care, trauma, and triage facilities to better manage medical emergencies; additional emergency room capacity to reduce wait times, overcrowding, and improve access for those with medical emergencies; modernizing and expanding hospital facilities to meet required health and earthquake safety standards; new/additional patient rooms and facilities to provide better access to hospital care, including for an aging population; improvements and upgrades to outdated and aging operating rooms, labs, and imaging facilities to meet current and future medical standards; ensuring that there are enough highly qualified doctors, nurses, and specialists to serve our healthcare needs; and improvements to local mental health, addiction, and suicide prevention services.
10. This Initiative includes and requires strict fiscal accountability protections to ensure all funds are used as promised, including: the new revenues must stay in the District to fund the certain improvements, upgrades, and enhancements set forth herein; no funds may be taken away by the State or diverted for other purposes; no funds may be used for administrator salaries or benefits; and required public disclosure of all spending, including requirements for an independent oversight committee and annual audits.
11. To ensure the cost of this Initiative is not a burden to residents on limited fixed incomes, homeowners age 65 and over shall be eligible for an optional exemption.
12. Adoption and implementation of this Initiative will protect and serve the public health, safety, and welfare, and the quality of life for the people of the Marin Healthcare District.
B. Purpose. The people of the Marin Healthcare District declare that our purpose and intent in enacting this Initiative is to authorize and adopt a special non-ad valorem parcel tax on taxable real property within the District of fourteen cents ($0.14) per square foot of improved building area per year (except for multifamily residential properties of three (3) units or more, which shall be taxed at eighty-eight dollars ($88.00) per unit per year) and seventy-five dollars ($75.00) per vacant parcel per year, the proceeds of which shall be specifically limited and shall be used solely as set forth in this Initiative, to ensure the District is able to continue providing the highest level of healthcare to the Marin community.
SECTION 3. Adoption of Marin Healthcare District Parcel Tax.
The Marin Healthcare District hereby adopts a parcel tax as follows:
Section 1 - Imposition.
A. A special non-ad valorem parcel tax (hereinafter the “Parcel Tax”) is hereby established and shall be levied annually on the owner of each parcel of taxable real property located within the Marin Healthcare District (the “District”), unless the owner is by law exempt from taxation, in which case, the Parcel Tax shall be assessed to the holder of the possessory interest in such parcel, unless such holder is also by law exempt from taxation. The Parcel Tax is an excise tax on the use of property within the District.
B. The Parcel Tax shall hereby be established and levied each year, commencing July 1st after the Effective Date, on each parcel of taxable real property, improved or unimproved, within the boundaries of the District at the applicable rate of:
1. Fourteen cents ($0.14) per square foot of improved building area, including multifamily residential parcels with fewer than three (3) units, for each improved parcel;
2. Eighty-eight dollars ($88.00) per unit for each improved multifamily residential parcel with three (3) or more units;
3. Seventy-five dollars ($75.00) per vacant parcel.
C. The collection of the Parcel Tax shall commence on July 1st after the Effective Date and continue for thirty (30) years thereafter.
D. The Parcel Tax shall be collected by the Marin County Tax Collector (the “Tax Collector”) at the same time and in the same manner and shall be subject to the same penalties as ad valorem property taxes collected by the Tax Collector. The collection of the Parcel Tax hereunder shall not decrease the funds available from other sources of the District in any period from the Effective Date hereof.
E. For the purposes of this Parcel Tax, a “parcel of taxable real property” shall be defined as any unit of real property located in the District which receives a separate tax bill for ad valorem property taxes from the Tax Collector. “Building” is defined as any structure having a roof supported by columns or walls and designed for the shelter or housing of any person or property of any kind. The word “building”
includes the word “structure” and encompasses, without limitation, all residential, commercial and industrial structures. “Improved parcel” is defined as a parcel on which there exists any building, but does not include improved multifamily residential parcels with three (3) or more units. “Improved multifamily residential parcel with three (3) or more units” is defined as a parcel on which there exists any building(s) providing three (3) or more residential units. “Vacant parcel” is defined as a parcel on which no building exists.
F. The District may incur bonded indebtedness for eligible capital costs related to the planning and construction of hospital improvements and upgrades, utilizing the proceeds from the Parcel Tax to make principal and interest payments to service such debt.
G. All property that the Tax Collector has determined to be otherwise exempt from property taxes, or on which no ad valoremproperty taxes have been levied, in any year shall also be exempt from the Parcel Tax in such year. The Tax Collector's determination of exemption or relief for any reason of any parcel from taxation, other than the Senior Citizen Exemption (defined below), shall be final on the taxpayer for purposes of this Chapter. Taxpayers desiring to challenge the Tax Collector's determination should do so under the procedures established by the Tax Collector's Office, applicable provisions of the California Revenue and Taxation Code or other applicable law. Taxpayers seeking any refund of taxes paid pursuant to this Chapter shall follow the procedures applicable to tax refunds pursuant to the California Revenue and Taxation Code and any other generally applicable law.
H. An optional exemption (heretofore the “Senior Citizen Exemption”) from the Parcel Tax will be made available annually to each residential property owner in the District who attains 65 years of age prior to July 1 of the tax year, and who owns a beneficial interest in the parcel, and who uses that parcel as his or her principal place of residence, and who applies for such exemption to the District on or before June 1st of each tax year, or during the first year of the tax at a date to be determined by the Tax Collector. Any application for such exemption must be submitted to the Tax Collector, pursuant to any rules and regulations of the Tax Collector.
Section 2 - Levy, Collection, Purpose.
A. The proceeds of the Parcel Tax shall be deposited into a special fund, maintained by the District, which proceeds, together with any interest and any penalties thereon, collected each fiscal year shall be used solely for the purposes set forth in subsection B, below. The proceeds from the Parcel Tax shall be expended only for these purposes.
B. Subject to the accountability safeguards specified herein, the proceeds collected by the levy of the Parcel Tax shall be used only as follows:
1. For the expansion and modernization of intensive care, trauma, and triage facilities to better manage medical emergencies;
2. For additional emergency room capacity to reduce wait times, overcrowding, and improve access for those with medical emergencies;
3. For modernizing and expanding hospital facilities to meet required health and earthquake safety standards;
4. For new/additional patient rooms and facilities to provide better access to hospital care, including for an aging population;
5. For improvements and upgrades to outdated operating rooms, labs, and imaging facilities to meet current and future medical standards;
6. To maintain a sufficient number of highly qualified doctors, nurses, and specialists to serve our healthcare needs; and
7. For improvements to local mental health, addiction, and suicide prevention services.
C. Proceeds from the Parcel Tax shall be used only for the purposes identified in subsection B, and not for any other purpose, including for District or hospital administrator salaries, in accordance with applicable law. The purposes set forth in this Section shall constitute the specific purposes of this Parcel Tax, which are legally binding limitations on how the proceeds of the Parcel Tax may be spent.
Section 3 - Parcel Tax Annual Report.
The District shall prepare a report on at least an annual basis which shows the amount of funds collected and expended, and the status of any Project required or authorized to be funded by the Parcel Tax. The District shall file each report with the District’s Board of Directors and the oversight committee referenced herein, below.
Section 4 - Parcel Tax Funds Shall Not Replace Existing Funding.
A. The People of the Marin Healthcare District find and declare that, absent the Parcel Tax funds, the District would require more resources than are currently provided to plan, construct, equip and/or furnish the proposed expansions, upgrades, and maintenance set forth herein. In adopting this Parcel Tax, the People of the District are providing new, additional District resources to complement, but not to replace or supplant, any or all pre-existing District, State, Federal or other funding.
B. Consistent with subsection (A), the People of the District specifically find and declare that their contributions to and disbursements from the special Parcel Tax fund authorized by this parcel tax are discretionary expenditures by the District for the direct benefit of the residents of the District. In the event that the State attempts, directly or indirectly, to redistribute these expenditures to other jurisdictions or to offset or reduce State or Federal funding to the District because of the contributions to and disbursements from the special Parcel Tax fund authorized herein, the District shall transfer said monies that would otherwise be distributed each year from the special Parcel Tax fund to such other fund as the Board of Directors may designate, to be spent for purposes which are substantially equivalent to the specific purposes set forth herein.
Section 5 - Increase in Appropriations Limit.
To the extent that the revenue from the Parcel Tax is in excess of the spending limit for the District, as provided for in applicable provisions of the California Constitution and State law, the approval of the Parcel Tax by the voters shall constitute approval to increase the District’s spending limit in an amount equal to the revenue derived from the Parcel Tax for the maximum period of time as allowed by law.
Section 6 - Fiscal Accountability Protections and Oversight.
Starting with the first operative year of this Parcel Tax, the District shall establish an oversight committee comprised of District residents to submit a report on at least an annual basis to the Board of Directors evaluating whether the proceeds from the Parcel Tax are being properly expended for the purposes set forth herein. Proceeds from the Parcel Tax shall be subject to the District’s generally applicable independent annual audit procedures and requirements.
SECTION 4. Effective Date and Implementation.
A. This Initiative shall be effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the District pursuant to the California Elections Code (the
“Effective Date”).
B. Upon the Effective Date of this Initiative, the District is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to administer and collect the Parcel Tax authorized herein or to update any District codes or documents so they conform to the legislative policies set forth in this Initiative.
C. The District may reorganize, renumber, and/or reformat the provisions included in Section 3 of this Initiative, provided that the full text is implemented without alteration.
SECTION 5. Interpretation and Severability.
A. This Initiative must be broadly construed to achieve the purpose stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the District and others in a manner that facilitates the purpose set forth in this Initiative.
B. This Initiative and the special tax authorized herein are adopted pursuant to the provisions and authority contained California Constitution, including Article II, § 11. The People of the District declare their intent that this citizen Initiative, if approved by a simple majority of voters pursuant to controlling California case law, shall be enacted, and the parcel tax be collected, for the entire uninterrupted period described herein. To the extent that the California Constitution or other applicable state law is amended, either at the same election or any time after this Initiative is adopted by the District’s voters, to create additional or different voting requirements necessary to implement or to continue to implement this Initiative, the People of the District declare their intent that any such amendments should, to the greatest extent allowed by law, be applied prospectively only and not apply to, or in any way affect, this Initiative.
C. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application.
D. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the Marin Healthcare District indicate our strong desire that: (i) the Board of Directors use its best efforts to sustain and re-enact that portion, and (ii) the Board of Directors implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative.
SECTION 6. District Affairs. The People of the District hereby declare that providing funding through the parcel tax adopted by this Initiative constitutes a district affair. The People of the District hereby further declare their desire for this Initiative to coexist with any similar tax measures adopted at the district, county, or state levels.
SECTION 7. Conflicting Measures. To ensure that the intent of the voters is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with or take precedence over, any and all voter initiatives or District-sponsored measures placed on the same ballot as this Initiative and which, if approved, would adopt a special tax in the District, which would frustrate the purpose and intent of this Initiative (each, a “Conflicting Measure”). In the event that this Initiative and one or more Conflicting Measures are adopted by the voters at the same election, then it is the voters’ intent that only the measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall be rendered void and without any legal effect with respect to such matters. If this Initiative is prevented from going into effect by a Conflicting Measure approved by the voters at the same election, and such Conflicting Measure is later held invalid, this Initiative shall be self-executing and given full force of law. Notwithstanding the foregoing provisions of this Section, in the event that both this Initiative and another measure(s) are adopted by the voters at the same election, but the two measures can be harmonized in a manner that permits this Initiative to be implemented upon its adoption without imposing any inconsistent requirement(s), then it is the voters’ intent that both the other measure and this Initiative shall be given full force and effect regardless of which measure receives the greatest number of affirmative votes.
SECTION 8. Amendment. This Initiative may be amended or repealed only by the voters of the Marin Healthcare District voting in an election held in accordance with state law.