ENGROSSED

COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 467

(By Senators Burdette, Mr. President, and Boley,

By Request of the Executive)

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[Originating in the Committee on Finance;

reported March 30, 1993.]

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A BILL to amend and reenact sections three and four, article twenty-nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the hospital finance authority; defining terms; terminating the authority; and transferring its duties to the division of debt management of the board of investments.

Be it enacted by the Legislature of West Virginia:
That sections three and four, article twenty-nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 29A. WEST VIRGINIA HOSPITAL FINANCE AUTHORITY ACT.
§16-29A-3. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) "Authority" means the West Virginia hospital finance authority created by section four of this article, the duties, powers, responsibilities and functions of which are specified in this article;
(2) "Board" means the West Virginia hospital finance board created by section four of this article, which shall manage and control the authority through the thirtieth day of June, one thousand nine hundred ninety-three;
(3) "Bond" means a revenue bond issued by the authority to effect the purposes of this article;
(4) "Construction" means and includes reconstruction, enlargement, improvement and providing furnishings or equipment;
(5) "Direct provider of health care" means a person or organization whose primary current activity is the provision of health care to individuals and includes a licensed or certified physician, osteopath, dentist, nurse, podiatrist or physician's assistant or an organization comprised of these health professionals or employing these health professionals;
(6) "Hospital" means a corporation, association, institution or establishment for the care of those who require medical treatment, which may be a public or private corporation or association or state owned or operated establishment and specifically includes nursing homes which are licensed under this chapter or those facilities certified under the federal Social Security Act as intermediate care facilities for the mentally retarded;
(7) "Hospital facilities" means any real or personal property suitable and intended for, or incidental or ancillaryto, use by a hospital and includes: Outpatient clinics; laboratories; laundries; nurses, doctors or interns residences; administration buildings; facilities for research directly involved with hospital care; maintenance, storage or utility facilities; parking lots and garages; and all necessary, useful or related equipment, furnishings and appurtenances and all lands necessary or convenient as a site for the foregoing and specifically includes any capital improvements to any of the foregoing. "Hospital facilities" specifically includes office facilities not less than eighty percent of which are intended for lease to direct providers of health care and which are geographically or functionally related to one or more other hospital facilities if the authority determines that the financing of the office facilities is necessary to accomplish the purposes of this article;
(8) "Hospital loan" means a loan made by the authority to a hospital and specifically includes financings by the authority for hospital facilities pursuant to lease-purchase agreements, installment sale or other similar agreements;
(9) "Note" means a short-term promise to pay a specified amount of money, payable and secured as provided pursuant to this article and issued by the authority to effect the purposes of this article;
(10) "Project costs" means the total of the reasonable or necessary costs incurred for carrying out the works and undertakings for the acquisition or construction of hospital facilities under this article. "Project costs" includes, but is not limited to, all of the following costs: The costs ofacquisition or construction of the hospital facilities; studies and surveys; plans, specifications, architectural and engineering services; legal, organization, marketing or other special services; financing, acquisition, demolition, construction, equipping and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings; interest and carrying charges during construction and before full earnings are achieved and operating expenses before full earnings are achieved or a period of one year following the completion of construction, whichever occurs first, and a reasonable reserve for payment of principal of and interest on bonds or notes of the authority. "Project costs" shall also include reimbursement of a hospital for the foregoing costs expended by a hospital from its own funds or from money borrowed by the hospital for such purposes before issuance and delivery of bonds or notes by the authority for the purpose of providing funds to pay the project costs. "Project costs" also specifically includes the refinancing of any existing debt of a hospital necessary in order to permit the hospital to borrow from the authority and give adequate security for the hospital loan. The determination of the authority with respect to the necessity of refinancing and adequate security for a hospital loan is conclusive;
(11) "Revenue" means any money or thing of value collected by, or paid to, the authority as principal of or interest, charges or other fees on hospital loans, or any other collections on hospital loans made by the authority to hospitals to finance in whole or in part the acquisition or construction of anyhospital facilities, or other money or property which is received and may be expended for or pledged as revenues pursuant to this article.
§16-29A-4. Creation of authority and board; status and members of board.

The West Virginia hospital finance authority is hereby created. The authority is a body corporate and a governmental instrumentality of the state. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and duties is considered and held to be, and are hereby determined to be, essential governmental functions and for a public purpose. The West Virginia hospital finance authority shall cease to exist after the thirtieth day of June, one thousand nine hundred ninety-three, and on the first day of July, one thousand nine hundred ninety-three, and thereafter, all powers conferred by this article to the West Virginia hospital finance authority shall be exercised by the West Virginia board of investments, division of debt management, as established by the provisions of article six-a, chapter twelve of this code.
Up until the first day of July, one thousand nine hundred ninety-three, the authority shall be controlled, managed and operated by the seven-member board known as the West Virginia hospital finance board, which is hereby created. The board shall consist of the director of the state department of health and the state treasurer as members ex officio of the board. The other five members of the board shall be appointed by the governor, by and with the advice and consent of the Senate, and shall serve terms of two, three, four, five and six years, respectively. Thesuccessor of each appointed member shall be appointed for a term of six years in the same manner as the original appointments were made, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of the term. No more than three of the appointed board members shall at any one time belong to the same political party. Appointed board members may be reappointed to serve additional terms. The terms of all seven members of the West Virginia hospital finance board shall end on the thirtieth day of June, one thousand nine hundred ninety-three.
All members of the board shall be citizens of the state. Each appointed member of the board, before entering upon his or her duties, shall comply with the requirements of article one, chapter six of this code and give bond in the sum of twenty-five thousand dollars in the manner provided in article two, chapter six of this code. The governor may remove any board member for cause as provided in article six of said chapter. The director of the division of health and the state treasurer may each appoint a deputy to serve as a member of the board in their respective absences. The deputy shall be a person in the office of the director of the division of health or the state treasurer, as the case may be, and shall serve at his or her pleasure.
Four members of the board constitute a quorum and the affirmative vote of four members is necessary for any action taken by vote of the board. No vacancy in the membership of the board impairs the rights of a quorum by such vote to exercise all the rights and perform all the duties of the board and theauthority.
Annually, the board shall elect one of its appointed members as chairman and another as vice chairman and shall appoint a secretary-treasurer, who need not be a member of the board. The person appointed as secretary-treasurer, including a board member if he or she is so appointed, shall give bond in the sum of fifty thousand dollars in the manner provided in article two, chapter six of this code.
Members of the board shall not receive compensation for services but are entitled to the necessary expenses, including traveling expenses, incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from the funds of the authority, after appropriations and authorization by the Legislature, and no liability or obligation shall be incurred by the authority beyond the extent to which moneys are available from funds of the authority.
There shall also be a director of the authority appointed by the board.