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H0646......................................................by STATE AFFAIRS
HEALTH INSTITUTION - Amends existing law to clarify that the term "health
institution" includes private, not-for-profit hospitals, corporations or
institutions or public hospitals or institutions authorized by law to
provide or operate health facilities, whether directly or indirectly
through affiliates in Idaho.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Health/Wel
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Smylie,
Snodgrass, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Ellsworth, Gagner, Skippen, Stevenson
Floor Sponsor - Ring
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Health/Wel
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Compton
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
04/02 Governor signed
Session Law Chapter 382
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 646
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO HEALTH FACILITIES AUTHORITY ACT; AMENDING SECTION
3 39-1443, IDAHO CODE, TO CLARIFY THAT THE TERM "HEALTH INSTITUTION"
4 INCLUDES PRIVATE NOT FOR PROFIT HOSPITALS, CORPORATIONS OR INSTITUTIONS OR
5 PUBLIC HOSPITALS OR INSTITUTIONS AUTHORIZED BY LAW TO PROVIDE OR OPERATE
6 HEALTH FACILITIES WHETHER DIRECTLY OR INDIRECTLY THROUGH AFFILIATES IN
7 IDAHO AND TO MAKE TECHNICAL CHANGES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-1443, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-1443. DEFINITIONS. In this act, unless the context otherwise clearly
12 requires, the terms used herein shall have the meanings ascribed to them as
13 follows:
14 (a) "Authority" means the Idaho health facilities authority created by
15 this act.
16 (b) "Bonds," "notes" or "bond anticipation notes" and "other obligations"
17 means any bonds, notes, debentures, interim certificates or other evidences of
18 financial indebtedness, respectively, issued by the authority pursuant to this
19 act.
20 (c) "Health institution" means any:
21 (i) private not for profit hospital, corporation or institution, or
22 (ii) public hospital or institution,
23 authorized by law to provide or operate health facilities whether directly or
24 indirectly through one (1) or more affiliates in the state of Idaho,; and
25 "participating health institution" means a health institution which, pursuant
26 to the provisions of this act, shall undertake the financing and construction
27 or acquisition of health facilities or shall undertake the refunding or refi-
28 nancing of outstanding obligations as provided in and permitted by this act.
29 (d) "Health facilities" or "facilities," in the case of a participating
30 health institution, means a structure or building suitable for use as a hospi-
31 tal, clinic, nursing home, or other health care facility, laboratory, laundry,
32 nurses', doctors' or interns' residence, administration building, research
33 facility, maintenance, storage or utility facility, auditorium, dining hall,
34 food service and preparation facility, mental and physical health care facil-
35 ity, dental care facility, nursing school, medical teaching facility, or other
36 structures or facilities related to any of the foregoing or required or useful
37 for the operation of a health facility, including, without limitation, offi-
38 ces, parking lots and garages and other supporting service structures, and all
39 necessary, useful and related equipment, furnishings and appurtenances and
40 including without limitation the acquisition, preparation and development of
41 all lands, real and personal property, necessary or convenient as a site or
42 sites for any of the foregoing; but shall not include such items as food,
43 fuel, supplies or other items which are customarily considered as a current
2
1 operating charge; facilities shall not include any property used or to be used
2 primarily for sectarian instruction or study or as a place for devotional
3 activities or religious worship.
4 (e) "Costs" as applied to facilities financed in whole or in part under
5 the provisions of this act means and includes the sum total of all reasonable
6 or necessary costs incidental to the acquisition, construction, reconstruc-
7 tion, repair, alteration, equipment, enlargement, improvement and extension of
8 such facilities and acquisition of all lands, structures, real or personal
9 property, rights, rights-of-way, franchises, easements and interest acquired,
10 necessary, used for or useful for or in connection with a facility and all
11 other undertakings which the authority deems reasonable or necessary for the
12 development of a facility, including, but not limited to, the cost of demol-
13 ishing or removing any building or structures on land so acquired, the cost of
14 acquiring any lands to which such building or structures may be moved, the
15 cost of all machinery and equipment, financing charges, interest prior to and
16 during construction, and if judged advisable by the authority, for a period
17 after completion of such construction, the cost of financing facilities,
18 including interest on bonds and notes issued by the authority to finance
19 facilities; reserves for principal and interest and for extensions, enlarge-
20 ments, additions and improvements; including without limitation the cost of
21 studies and surveys; the costs for land title and mortgage guaranty policies;
22 plans, specifications, architectural and engineering services; legal, organi-
23 zation, marketing or other special services; financing, acquisition, demoli-
24 tion, construction, equipment and site development of new and rehabilitated
25 buildings; rehabilitation, reconstruction, repair or remodeling of existing
26 buildings and all other necessary and incidental expenses to the construction
27 and acquisition of facilities, the financing of such construction, and acqui-
28 sition and the placing of facilities in operation.
29 (f) "Revenues" means, with respect to facilities, the rents, fees,
30 charges, interest, principal repayments and other income received or to be
31 received by the authority from any source on account of such facilities.
32 (g) "Refinancing of outstanding obligations" means liquidation, with the
33 proceeds of bonds or notes issued by the authority, of any indebtedness of a
34 participating health institution incurred to finance or aid in financing a
35 lawful purpose of such health institution not financed pursuant to this act
36 which would constitute a facility had it been undertaken and financed by the
37 authority, or consolidation of such indebtedness with indebtedness of the
38 authority incurred for a facility related to the purpose for which the indebt-
39 edness of the health institution was incurred.
STATEMENT OF PURPOSE
RS 13938
The legislation is intended to add language to one section of the
Idaho Health Facilities Authority Act to clarify that the Idaho
Health Facilities Authority has the power to make mortgage loans
and other secured or unsecured loans, and all other powers as
authorized under section 39-1447, Idaho Code, to a private not
for profit hospital, corporation or institution or public
hospital or institution, authorized by law to provide or operate
health facilities either directly or indirectly through one or
more affiliates in the state of Idaho.
FISCAL IMPACT
This legislation will have no impact on the general fund.
Contact
Name: Neil P. Moss, Idaho Health Facilities Authority
Phone: 208/342-8772
Name: Patrick V. Collins, Hawley Troxell Ennis & Hawley LLP
Phone: 208/344-6000
STATEMENT OF PURPOSE/FISCAL NOTE H 646