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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