2004 Legislation
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HOUSE BILL NO. 646 – Health institution, term clarified


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Bill Status

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,
      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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                       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. 

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