SB-0991, As Passed House, May 18, 2004
February 12, 2004, Introduced by Senator ALLEN and referred to the Committee on Health Policy.
A bill to amend 1945 PA 47, entitled
"An act to authorize 2 or more cities, townships, and villages,
or any combination of cities, townships, and villages, to
incorporate a hospital authority for planning, promoting,
acquiring, constructing, improving, enlarging, extending, owning,
maintaining, and operating 1 or more community hospitals and
related buildings or structures and related facilities; to
provide for the sale, lease, or other transfer of a hospital
owned by a hospital authority to a nonprofit corporation
established under the laws of this state for no or nominal
monetary consideration; to define hospitals and community
hospitals; to provide for changes in the membership therein; to
authorize the cities, townships, and villages to levy taxes for
community hospital purposes; to provide for the issuance of
bonds; to provide for the pledge of assessments; to provide for
borrowing money for operation and maintenance and issuing notes
for operation and maintenance; to validate elections heretofore
held and notes heretofore issued; to validate bonds heretofore
issued; to authorize condemnation proceedings; to grant certain
powers of a body corporate; to validate and ratify the
organization, existence, and membership of entities acting as
hospital authorities under the act and the actions taken by
hospital authorities and by the members of the hospital
authorities; and to prescribe penalties and provide remedies,"
by amending section 2 (MCL 331.2).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) The
hospital authority shall be is a body
2 corporate with power to sue or be sued in any court of this state
3 and may exercise those powers necessary and incident to the
4 acquisition, construction, improvement, enlargement, extension,
5 ownership, maintenance, and operation of 1 or more community
6 hospitals. The authority may contract with any of the
7 participating cities, villages, and townships, or any other city,
8 village, or township, or
with any county department of social
9 welfare family independence agency, for the hospital
care of
10 indigent patients and other persons entitled to hospital care at
11 public expense. The authority may contract with any individual,
12 firm, or corporation for the furnishing of hospital care to
13 persons at the private expense of the individual, firm, or
14 corporation. The authority may establish rules providing for a
15 system of civil service for its employees.
16 (2) An entity which
that is unable to document compliance
17 with sections 1 and 3 ,
which and is acting or purporting to
18 act as a hospital
authority under this act , and which
19 continuously owned and
operated a hospital for not less than 15
20 years before the
effective date of this subsection, shall be is
21 a hospital authority duly organized and existing under this act
22 , and fully empowered to exercise any power
granted to a
23 hospital authority under
this act . The entity shall file a
24 written notice with
the clerk of each city, village, or township
25 included in the
hospital authority within 30 days after the
26 effective date of this
subsection stating that the entity, being
27 unable to document
compliance with sections 1 and 3, is
1 recognized as a
hospital authority pursuant to this subsection.
2 if the entity satisfies either of the following:
3 (a) Continuously owned and operated a hospital for not less
4 than 15 years before February 6, 1978 and filed a written notice
5 with the clerk of each city, village, or township included in the
6 hospital authority within 30 days after February 6, 1978 stating
7 that the entity, being unable to document compliance with
8 sections 1 and 3, is recognized as a hospital authority pursuant
9 to this subsection.
10 (b) Continuously owned and operated a hospital for not less
11 than 40 years before the effective date of this subdivision and
12 filed a written notice with the clerk of each city, village, or
13 township included in the hospital authority within 30 days after
14 the effective date of this subdivision stating that the entity,
15 being unable to document compliance with sections 1 and 3, is
16 recognized as a hospital authority pursuant to this subsection.
17 (3) An action or proceeding taken before February 6, 1978 by
18 a hospital authority recognized by subsection (2)(a) or before
19 the effective date of this
subsection (2)(b) by a hospital
20 authority recognized by
subsection (2) (2)(b), which a hospital
21 authority is empowered by this act to take, is validated,
22 ratified, and confirmed.
A city, village, or township which
23 that appointed a representative to the board of a hospital
24 authority recognized by
subsection (2) (2)(a) or (b) or which
25 that levied a tax for or made payments to a hospital authority
26 recognized by subsection (2)
(2)(a) or (b) pursuant to this act
27 shall be is a member of that hospital authority, and shall
be
1 is considered to have been a member of that hospital authority
2 since the date a representative was first appointed, the tax was
3 first levied, or the
payment was first made. , a member of that
4 hospital authority. Any action or proceeding of a city, village,
5 or township taken in regard to a hospital authority recognized by
6 subsection (2) (2)(a)
or (b), which the city, village, or
7 township was empowered by this act to take in regard to a duly
8 organized and existing
hospital authority, is hereby validated,
9 ratified, and confirmed.