PUBLIC HOSPITAL CONVEYANCES (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 458 (Public) Filed Wednesday, March 27, 2013
A BILL TO BE ENTITLED AN ACT TO UPDATE THE LAWS RELATING TO THE SALE, LEASE, OR CONVEYANCE OF A PUBLIC HOSPITAL.
Intro. by McElraft.

Status: Re-ref Com On Judiciary II (Senate Action) (Jun 26 2014)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO REQUIRE A CONSULTATION WITH COUNTY BOARDS WHEN PERMITS FOR LAND APPLICATION OF WASTE WITHIN THAT COUNTY ARE ISSUED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION; TO INCREASE THE THRESHOLD FOR DEPARTMENT OF TRANSPORTATION INFORMAL BID PROCEDURES; TO STUDY STATE PAYMENTS IN LIEU OF TAXES FOR PUBLIC LANDS; AND TO STUDY THE E911 SYSTEM AND ITS RELATIONSHIP WITH LOCAL 911 SYSTEMS.

Short and Long Title Changes

Senate committee substitute to the 2nd edition changes the short and long titles. The original titles are as follows:

OMNIBUS COUNTY LEGISLATION

AN ACT TO REQUIRE NOTICE AND AN OPPORTUNITY FOR COMMENT FROM COUNTY BOARDS BEFORE PERMITS FOR LAND APPLICATION OF WASTE WITHIN THAT COUNTY ARE ISSUED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION; TO INCREASE THE THRESHOLD FOR DEPARTMENT OF TRANSPORTATION INFORMAL BID PROCEDURES; AND TO STUDY STATE PAYMENTS IN LIEU OF TAXES FOR PUBLIC LANDS.

Bill History:

H 458

Bill Summaries:

  • Summary date: Jun 26 2014 - More information

    The Senate committee substitute to the 2nd edition deletes the provisions of the previous edition and replaces it with AN ACT TO UPDATE THE LAWS RELATING TO THE SALE, LEASE, OR CONVEYANCE OF A PUBLIC HOSPITAL.

    Amends GS 131E-6 to include in the definition of corporation, foreign or domestic, authorized to do business in the state (1) a limited liability corporation formed under GS Chapter 57D and (2) a foreign limited liability company that has procured a certificate of authority to transact business in the state. Also amends the definition of hospital facility to also mean the property interest in any buildings, structures, additions, extensions, improvements, or other facilities.

    Amends GS 131E-8 to add that if the nonprofit corporation to which a municipality or hospital authority has sold or conveyed any right of ownership in a hospital facility dissolves or sells, leases, or conveys the hospital facility without a successor nonprofit corporation to carry out the conveyance agreement, all ownership rights in the facility revert to the municipal or hospital authority or successor entity originally conveying the hospital. Also adds that a nonprofit corporation may sell, lease, or convey a hospital facility acquired by deed, lease, or conveyance under the statute to a corporation authorized to do business in the state, and a municipality or hospital authority may release its reverter interest in the facility imposed under the statute as long as its reverter interest is released in accordance with the provision in GS 131E-13(d)(9) and the hospital facility is made subject to the reverter in GS 131E-13(a).

    Amends GS 131E-13(a) to add that a municipality or hospital authority may lease, sell, or convey any rights of ownership in a hospital facility that the entity has in a hospital facility or part thereof to a corporation authorized to do business in the state, subject to the five conditions in the statute. Also amends (a) to require the corporation to agree that if it or any successor in interest or title to the hospital facility does not comply with the five conditions or fails to operate the facility as a community general hospital open to the general public and free of discrimination unless relieved of this responsibility by operation of law or if the corporation dissolves without a successor corporation to carry out the conveyance terms, all ownership or other rights in the facility revert to the municipality or hospital authority or successor entity originally conveying the hospital, provided that any building, land, or equipment associated with the facility or any of its successors that the corporation has constructed or acquired since the conveyance may revert only upon paying the corporation or any successor an amount equal to the cost less depreciation.

    Enacts new (d)(9) in GS 131E-13 providing that if the owner or lessee of a hospital facility has required the municipality or hospital authority to release its reverter interest in connection with a proposed sale, lease, or conveyance of the facility, the municipality or hospital authority must request and consider only the proposals presented by the owner or lessee of he facility. Provides that the municipality or hospital authority may only approve a proposal presented by the owner or lessee but is not required to approve any proposal. Any release of the reverter interest must be conditioned on the replacement of the interest with the imposition of the reverter interest on the hospital facility required by subsection (a). Also amends (d)(1) to require the municipality or hospital authority to adopt a resolution declaring its intent to sell, lease, or convey all or part of the hospital facility or any interest therein at a regular meeting with 10 days' public notice. Amends the notice requirements to require the notice to describe the intent to lease, sell, or convey all or part of the facility involved.

    Amends GS 131E-13(e) to allow a hospital authority or a municipality to lease or sublease hospital land to a for-profit or not-for-profit corporation (was, corporation) or other entity (was, other business entity), whether for-profit or not-for-profit, and to participate as an owner, joint venturer, or other equity participant with a for-profit or not-for-profit corporation or other entity (was, other business entity), whether for-profit or not-for-profit, for the construction and operation of medial office buildings and other health care facilities, as long as the municipality, authority, or other entity continues to maintain its primary community general hospital facilities.

    Applies to sales, leases, and conveyances occurring on or after the date the act becomes law. Provides that any sale, lease, or conveyance that is in substantial compliance with GS 131E-13(d)(9) that occurred before that date is affirmed and ratified, and is valid, effective, and enforceable.


  • Summary date: Apr 25 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Amends GS 143-215.1 (Control of sources of water pollution; permits required), providing for a notice and an opportunity to comment to the governing board of the county in which the site of the land application of waste is proposed to be located (previous edition provided for a notice and an opportunity to comment from the governing board of the county which contains the site proposed to be the recipient of the land application).

    Provides that State Payment in Lieu of Taxes Study Commission will submit its final report prior to the convening of the 2015 Regular Session of the General Assembly (was, prior to the convening of the 2013 Regular Session of the General Assembly in 2014). Makes organizational changes.

    Deletes provisions found in Sections 4.1, 4.2, 4.3, and 4.4 of the previous edition, relating to the establishment and duties of the e911 Study Commission.

    Makes technical changes throughout.


  • Summary date: Mar 27 2013 - More information

    Identical to S 372, filed 3/19/13.

    Amends GS 143-215.1 (Control of sources of water pollution; permits required), providing for a notice and an opportunity to comment from the governing board of the county which contains the site proposed to be the recipient of the land application of sludge resulting from operation of wastewater treatment facility and proposed in the permit application. Effective July 1, 2013.

    Amends GS 136-28.1(b) (Letting of contracts to bidders after advertisement; exceptions), raising the threshold to $2.5 million (was, $1.2 million) or less for the informal bid process; requires at least three informal bids to be solicited. Effective July 1, 2013.

    Establishes the State Payment in Lieu of Taxes Study Commission. Consists of 13 members: three from the House of Representatives, three from the Senate, the Secretary of Revenue or designee, and three from the public appointed by the Speaker of the House, and three from the public appointed by the President Pro Tempore of the Senate upon recommendation of the NC Association of County Commissioners.

    The Commission will study issues relating to the development of a state payment in lieu of taxes for state properties, including wildlife and games lands, and other issues as it sees relevant.  Commission can make interim report to the 2013 Regular Session of the General Assembly, with its final report due to the 2013 Regular Session of the General Assembly in 2014 prior to convening. Commission terminates upon the earlier of the filing of this report or on January 1, 2015.

    Establishes the e911 study Commission, consisting of 13 members: three from the House of Representatives, three from the Senate, the Secretary of Public Safety or designee, three from the public appointed by the Speaker of the House, and three from the public appointed by the President Pro Tempore of the Senate upon recommendation of the NC Association of County Commissioners.

    Commission will study issues relating to the e911 fee structure, its use to support local 911 activities, and the structure of statewide e911 oversight as well as other issues as it deems relevant. Commission can make an interim report to the 2013 Regular Session of the General Assembly, with its final report due to the 2013 Regular Session of the General Assembly in 2014 before convening. Commission terminates upon the earlier of the filing of this report or on January 1, 2015.


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