Old | New | Differences | |
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1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 197 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 197 | |
5 | - | (House Bill 1471) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | Italics indicate opposite chamber/conference committee amendments. | |
9 | + | *hb1471* | |
8 | 10 | ||
9 | - | Garrett County Memorial Hospital – Lease Authorization and Alterations to | |
10 | - | Board of Governors | |
11 | + | HOUSE BILL 1471 | |
12 | + | L2 EMERGENCY BILL (2lr3025) | |
13 | + | ENROLLED BILL | |
14 | + | — Health and Government Operations/Education, Health, and Environmental | |
15 | + | Affairs — | |
16 | + | Introduced by Delegate Beitzel | |
11 | 17 | ||
12 | - | FOR the purpose of authorizing the County Commissioners of Garrett County and the | |
13 | - | Board of Governors of the Garrett County Memorial Hospital to lease the hospital or | |
14 | - | certain portions of the hospital under certain circumstances; providing for | |
15 | - | alterations to the Board of Governors under certain circumstances; and generally | |
16 | - | relating to the Garrett County Memorial Hospital. | |
18 | + | Read and Examined by Proofreaders: | |
17 | 19 | ||
18 | - | BY repealing and reenacting, without amendments, | |
19 | - | The Public Local Laws of Garrett County | |
20 | - | Section 36.03 | |
21 | - | Article 12 – Public Local Laws of Maryland | |
22 | - | (2005 Edition and 2018 Supplement, as amended) | |
23 | - | (As enacted by Chapter 601 of the Acts of the General Assembly of 2021) | |
20 | + | _______________________________________________ | |
21 | + | Proofreader. | |
22 | + | _______________________________________________ | |
23 | + | Proofreader. | |
24 | 24 | ||
25 | - | BY adding to | |
26 | - | The Public Local Laws of Garrett County | |
27 | - | Section 36.10 | |
28 | - | Article 12 – Public Local Laws of Maryland | |
29 | - | (2005 Edition and 2018 Supplement, as amended) | |
25 | + | Sealed with the Great Seal and presented to the Governor, for his approval th is | |
30 | 26 | ||
31 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
32 | - | That the Laws of Maryland read as follows: | |
27 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
33 | 28 | ||
34 | - | Article 12 – Garrett County | |
29 | + | ______________________________________________ | |
30 | + | Speaker. | |
35 | 31 | ||
36 | - | ||
32 | + | CHAPTER ______ | |
37 | 33 | ||
38 | - | (A) For the purpose of operating the Garrett County Memorial Hospital, there is | |
39 | - | a Board of Governors, which shall consist of 15 9 members as follows: | |
34 | + | AN ACT concerning 1 | |
40 | 35 | ||
41 | - | (1) The 3 County Commissioners of Garrett County or their designees. If a | |
42 | - | County Commissioner appoints a designee to the Board of Governors, the designee is not | |
43 | - | subject to approval by the remaining Board members, but is subject to removal under | |
44 | - | division (E) of this section. | |
36 | + | Garrett County Memorial Hospital – Lease Authorization and Alterations to 2 | |
37 | + | Board of Governors 3 | |
45 | 38 | ||
46 | - | (2) Three persons residing in Garrett County, 1 to be appointed by each of | |
47 | - | the County Commissioners. Each appointment under this division is subject to approval by | |
48 | - | majority vote of the Board of Governors at a meeting consisting of a quorum. | |
49 | - | Ch. 197 2022 LAWS OF MARYLAND | |
39 | + | FOR the purpose of authorizing the County Commissioners of Garrett County and the 4 | |
40 | + | Board of Governors of the Garrett County Memorial Hospital to lease the hospital or 5 | |
41 | + | certain portions of the hospital under certain circumstances; providing for 6 | |
42 | + | alterations to the Board of Governors under certain circumstances; and generally 7 | |
43 | + | relating to the Garrett County Memorial Hospital. 8 | |
50 | 44 | ||
51 | - | ||
52 | - | ||
53 | - | ||
54 | - | ||
55 | - | ||
45 | + | BY repealing and reenacting, without amendments, 9 | |
46 | + | The Public Local Laws of Garrett County 10 | |
47 | + | Section 36.03 11 | |
48 | + | Article 12 – Public Local Laws of Maryland 12 | |
49 | + | (2005 Edition and 2018 Supplement, as amended) 13 2 HOUSE BILL 1471 | |
56 | 50 | ||
57 | - | (4) (3) One person who is on the medical staff of the Garrett County Memorial | |
58 | - | Hospital and who is elected by the medical staff. The selection under this division is subject | |
59 | - | to approval by majority vote of the Board of Governors at a meeting consisting of a quorum. | |
60 | 51 | ||
61 | - | (5) (4) Seven Four at–large members who are selected for their talents, | |
62 | - | abilities and interest in the affairs of the hospital in accordance with the bylaws of the | |
63 | - | Board of Governors. The selection of an at–large member requires a majority of the | |
64 | - | qualified votes of the Board of Governors at a meeting consisting of a quorum. An at–large | |
65 | - | member may not vote for oneself, for a person who would replace the at–large member or | |
66 | - | for a person who would replace another at–large member whose term expires at the same | |
67 | - | time as the at–large member. The election of an at–large member requires at least 5 3 | |
68 | - | affirmative votes. | |
52 | + | (As enacted by Chapter 601 of the Acts of the General Assembly of 2021) 1 | |
69 | 53 | ||
70 | - | (B) The terms of members of the Board of Governors shall be as follows: | |
54 | + | BY adding to 2 | |
55 | + | The Public Local Laws of Garrett County 3 | |
56 | + | Section 36.10 4 | |
57 | + | Article 12 – Public Local Laws of Maryland 5 | |
58 | + | (2005 Edition and 2018 Supplement, as amended) 6 | |
71 | 59 | ||
72 | - | (1) The terms of the County Commissioners and the term of the President | |
73 | - | of the Town Council of Oakland, as ex officio members, shall be coextensive with their | |
74 | - | respective terms of office. | |
60 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 | |
61 | + | That the Laws of Maryland read as follows: 8 | |
75 | 62 | ||
76 | - | (2) The term of a designee of a County Commissioner or of the President of | |
77 | - | the Town Council and the terms of members appointed by the County Commissioners is 2 | |
78 | - | years or until the current term of the elected official or officials who selected the member | |
79 | - | ends, whichever occurs first. | |
63 | + | Article 12 – Garrett County 9 | |
80 | 64 | ||
81 | - | ||
65 | + | 36.03. 10 | |
82 | 66 | ||
83 | - | (4) (3) The term of an at–large member is 2 years. The terms of at–large | |
84 | - | members shall be staggered so that 3 2 at–large members are elected 1 year and 4 2 | |
85 | - | at–large members are elected the following year. | |
67 | + | (A) For the purpose of operating the Garrett County Memorial Hospital, there is 11 | |
68 | + | a Board of Governors, which shall consist of 15 9 members as follows: 12 | |
86 | 69 | ||
87 | - | (C) Terms extended: | |
70 | + | (1) The 3 County Commissioners of Garrett County or their designees. If a 13 | |
71 | + | County Commissioner appoints a designee to the Board of Governors, the designee is not 14 | |
72 | + | subject to approval by the remaining Board members, but is subject to removal under 15 | |
73 | + | division (E) of this section. 16 | |
88 | 74 | ||
89 | - | (1) This division only applies if the term of a member appointed by the | |
90 | - | County Commissioners or of a designee of a County Commissioner or of the President of | |
91 | - | the Town Council or the term of the medical staff member ends and a replacement member | |
92 | - | is not selected. | |
75 | + | (2) Three persons residing in Garrett County, 1 to be appointed by each of 17 | |
76 | + | the County Commissioners. Each appointment under this division is subject to approval by 18 | |
77 | + | majority vote of the Board of Governors at a meeting consisting of a quorum. 19 | |
93 | 78 | ||
94 | - | ( | |
95 | - | ||
96 | - | ||
97 | - | ||
79 | + | (3) The President of the Town Council of the Town of Oakland or the 20 | |
80 | + | President’s designee. If the President appoints a designee to the Board of Governors, the 21 | |
81 | + | designee is not subject to approval by the remaining Board members, but is subject to 22 | |
82 | + | removal under division (E) of this section. 23 | |
98 | 83 | ||
99 | - | – 3 – | |
84 | + | (4) (3) One person who is on the medical staff of the Garrett County Memorial 24 | |
85 | + | Hospital and who is elected by the medical staff. The selection under this division is subject 25 | |
86 | + | to approval by majority vote of the Board of Governors at a meeting consisting of a quorum. 26 | |
100 | 87 | ||
101 | - | (D) The Board of Governors shall be and is made and constituted a body politic | |
102 | - | and corporate by the name and style of the Board of Governors of the Garrett County | |
103 | - | Memorial Hospital and by that name shall have perpetual succession. Subject to § 36.08, | |
104 | - | the Board of Governors may sue and be sued. The Board of Governors may have a common | |
105 | - | seal, and alter the same, at its pleasure. The Board of Governors shall have all the powers | |
106 | - | herein granted it and all such other powers as shall be proper and necessary to operate and | |
107 | - | manage the hospital and/or a public general hospital, or other health and | |
108 | - | health–care–related entities and health–care–related functions, as fully as if incorporated | |
109 | - | for such purposes under the provisions of the Public General Laws of Maryland. | |
88 | + | (5) (4) Seven Four at–large members who are selected for their talents, 27 | |
89 | + | abilities and interest in the affairs of the hospital in accordance with the bylaws of the 28 | |
90 | + | Board of Governors. The selection of an at–large member requires a majority of the 29 | |
91 | + | qualified votes of the Board of Governors at a meeting consisting of a quorum. An at–large 30 | |
92 | + | member may not vote for oneself, for a person who would replace the at–large member or 31 | |
93 | + | for a person who would replace another at–large member whose term expires at the same 32 | |
94 | + | time as the at–large member. The election of an at–large member requires at least 5 3 33 | |
95 | + | affirmative votes. 34 | |
110 | 96 | ||
111 | - | (E) Removal of members: | |
97 | + | (B) The terms of members of the Board of Governors shall be as follows: 35 | |
98 | + | HOUSE BILL 1471 3 | |
112 | 99 | ||
113 | - | (1) This division does not authorize the removal of a County Commissioner | |
114 | - | or of the President of the Town Council, serving as ex officio members of the Board of | |
115 | - | Governors. | |
116 | 100 | ||
117 | - | (2) The Board of Governors shall have the power, by majority vote of all the | |
118 | - | members of the Board, to remove a member from the Board for cause, including the failure | |
119 | - | to satisfy any attendance requirement established in the bylaws. Removal of a member may | |
120 | - | only occur at a regular meeting, after not less than 1 week’s notice to the member. | |
101 | + | (1) The terms of the County Commissioners and the term of the President 1 | |
102 | + | of the Town Council of Oakland, as ex officio members, shall be coextensive with their 2 | |
103 | + | respective terms of office. 3 | |
121 | 104 | ||
122 | - | (F) The Board of Governors may fill a vacancy on the Board caused by expiration | |
123 | - | of a term, death, resignation, expulsion or, for a member whose residence in Garrett County | |
124 | - | is a membership qualification for the Board, removal from the county if the proper selecting | |
125 | - | body fails to fill the vacancy within 30 days. A vacancy may be filled for the remainder of | |
126 | - | the term by a majority vote of the Board of Governors at a meeting consisting of a quorum. | |
105 | + | (2) The term of a designee of a County Commissioner or of the President of 4 | |
106 | + | the Town Council and the terms of members appointed by the County Commissioners is 2 5 | |
107 | + | years or until the current term of the elected official or officials who selected the member 6 | |
108 | + | ends, whichever occurs first. 7 | |
127 | 109 | ||
128 | - | (G) The Board of Governors shall elect from among its members a Chairperson | |
129 | - | and Vice Chairperson. The Board shall also elect a Secretary/Treasurer and such other | |
130 | - | officers as it may determine. The Board shall meet at least 10 6 times a year and such other | |
131 | - | times as it shall determine or when called by the Chairperson. | |
110 | + | (3) The term of the medical staff member is 2 years. 8 | |
132 | 111 | ||
133 | - | 36.10. | |
112 | + | (4) (3) The term of an at–large member is 2 years. The terms of at–large 9 | |
113 | + | members shall be staggered so that 3 2 at–large members are elected 1 year and 4 2 10 | |
114 | + | at–large members are elected the following year. 11 | |
134 | 115 | ||
135 | - | (A) (1) NOTWITHSTANDING ANY P ROVISION OF THIS CHA PTER, THE | |
136 | - | COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS MAY LEASE T HE | |
137 | - | GARRETT COUNTY MEMORIAL HOSPITAL, OR ANY PORTION THERE OF, AND | |
138 | - | TRANSFER ASSETS INCI DENTAL TO THE LEASE IN ACCORDANCE WITH T ERMS | |
139 | - | DETERMINED BY THE COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS. | |
116 | + | (C) Terms extended: 12 | |
140 | 117 | ||
141 | - | (2) IF THE COUNTY COMMISSIONERS AND THE BOARD OF | |
142 | - | GOVERNORS LEASE T HE GARRETT COUNTY MEMORIAL HOSPITAL, OR ANY | |
143 | - | PORTION THEREOF , IN ACCORDANCE WITH T HIS DIVISION: | |
118 | + | (1) This division only applies if the term of a member appointed by the 13 | |
119 | + | County Commissioners or of a designee of a County Commissioner or of the President of 14 | |
120 | + | the Town Council or the term of the medical staff member ends and a replacement member 15 | |
121 | + | is not selected. 16 | |
144 | 122 | ||
145 | - | (I) THE BOARD OF GOVERNORS SHALL : Ch. 197 2022 LAWS OF MARYLAND | |
123 | + | (2) By majority vote of the Board of Governors at a meeting consisting of a 17 | |
124 | + | quorum, a member’s term may be extended until a replacement member is selected in 18 | |
125 | + | accordance with division (A) of this section or the Board of Governors selects a replacement 19 | |
126 | + | member under division (F) of this section. 20 | |
146 | 127 | ||
147 | - | – 4 – | |
128 | + | (D) The Board of Governors shall be and is made and constituted a body politic 21 | |
129 | + | and corporate by the name and style of the Board of Governors of the Garrett County 22 | |
130 | + | Memorial Hospital and by that name shall have perpetual succession. Subject to § 36.08, 23 | |
131 | + | the Board of Governors may sue and be sued. The Board of Governors may have a common 24 | |
132 | + | seal, and alter the same, at its pleasure. The Board of Governors shall have all the powers 25 | |
133 | + | herein granted it and all such other powers as shall be proper and necessary to operate and 26 | |
134 | + | manage the hospital and/or a public general hospital, or other health and 27 | |
135 | + | health–care–related entities and health–care–related functions, as fully as if incorporated 28 | |
136 | + | for such purposes under the provisions of the Public General Laws of Maryland. 29 | |
148 | 137 | ||
149 | - | 1. CONTINUE IN EXISTENCE AS PROVIDED IN DIVIS ION | |
150 | - | (B) OF THIS SECTION; | |
138 | + | (E) Removal of members: 30 | |
151 | 139 | ||
152 | - | | |
153 | - | ||
154 | - | ||
140 | + | (1) This division does not authorize the removal of a County Commissioner 31 | |
141 | + | or of the President of the Town Council, serving as ex officio members of the Board of 32 | |
142 | + | Governors. 33 | |
155 | 143 | ||
156 | - | 3. CONTINUE IN EXISTENCE AS A BODY POLITIC AN D | |
157 | - | CORPORATE , TO ENFORCE ITS RIGHT S AND OBLIGATIONS UN DER THE LEASE AND TO | |
158 | - | RESUME OPERATION OF THE HOSPITAL IF A TERMINATION OF THE LEASE RESULTS | |
159 | - | IN A REVERSION OF TH E HOSPITAL OPERATIONS A ND ASSETS BACK TO TH E COUNTY | |
160 | - | COMMISSIONERS AND THE BOARD OF GOVERNORS; AND | |
144 | + | (2) The Board of Governors shall have the power, by majority vote of all the 34 | |
145 | + | members of the Board, to remove a member from the Board for cause, including the failure 35 | |
146 | + | to satisfy any attendance requirement established in the bylaws. Removal of a member may 36 | |
147 | + | only occur at a regular meeting, after not less than 1 week’s notice to the member. 37 4 HOUSE BILL 1471 | |
161 | 148 | ||
162 | - | (II) THE COUNTY COMMISSIONERS SHALL C ONTINUE TO: | |
163 | 149 | ||
164 | - | 1. HOLD TITLE TO THE REA L PROPERTY OWNED BY IT | |
165 | - | AND USED FOR THE PUR POSE OF THE HOSPITAL; AND | |
166 | 150 | ||
167 | - | 2. ENFORCE THEIR RIGHTS AND OBLIGATIONS UNDE R | |
168 | - | THE LEASE. | |
151 | + | (F) The Board of Governors may fill a vacancy on the Board caused by expiration 1 | |
152 | + | of a term, death, resignation, expulsion or, for a member whose residence in Garrett County 2 | |
153 | + | is a membership qualification for the Board, removal from the county if the proper selecting 3 | |
154 | + | body fails to fill the vacancy within 30 days. A vacancy may be filled for the remainder of 4 | |
155 | + | the term by a majority vote of the Board of Governors at a meeting consisting of a quorum. 5 | |
169 | 156 | ||
170 | - | (3) THE COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS | |
171 | - | MAY TAKE ANY FURTHER ACTIONS NECESSARY TO FULLY PERFORM UNDER A LEASE, | |
172 | - | INCLUDING: | |
157 | + | (G) The Board of Governors shall elect from among its members a Chairperson 6 | |
158 | + | and Vice Chairperson. The Board shall also elect a Secretary/Treasurer and such other 7 | |
159 | + | officers as it may determine. The Board shall meet at least 10 6 times a year and such other 8 | |
160 | + | times as it shall determine or when called by the Chairperson. 9 | |
173 | 161 | ||
174 | - | (I) EXECUTING ALL APPLICA BLE DOCUMENTS AND | |
175 | - | TRANSACTIONS NECESSA RY TO LEASE THE REAL ESTATE AND EXISTING FACILITIES; | |
162 | + | 36.10. 10 | |
176 | 163 | ||
177 | - | (II) TRANSFERRING TITLE TO OR POSSESSION OF TAN GIBLE | |
178 | - | PROPERTY AND INTANGI BLE PROPERTY ; | |
164 | + | (A) (1) NOTWITHSTANDING ANY P ROVISION OF THIS CHAPTER, THE 11 | |
165 | + | COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS MAY LEASE T HE 12 | |
166 | + | GARRETT COUNTY MEMORIAL HOSPITAL, OR ANY PORTION THERE OF, AND 13 | |
167 | + | TRANSFER ASSETS INCI DENTAL TO THE LEASE IN ACCORDANCE WITH T ERMS 14 | |
168 | + | DETERMINED BY THE COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS. 15 | |
179 | 169 | ||
180 | - | (III) PARTICIPATING IN ANY APPLICABLE REGULAT ORY | |
181 | - | PROCESS; AND | |
170 | + | (2) IF THE COUNTY COMMISSIONERS AND THE BOARD OF 16 | |
171 | + | GOVERNORS LEASE THE GARRETT COUNTY MEMORIAL HOSPITAL, OR ANY 17 | |
172 | + | PORTION THEREOF , IN ACCORDANCE WITH T HIS DIVISION: 18 | |
182 | 173 | ||
183 | - | (IV) MAKING ARRANGEMENTS F OR A DISPOSITION OF THE | |
184 | - | HOSPITAL CONSISTENT W ITH THE TERMS OF A L EASE. | |
174 | + | (I) THE BOARD OF GOVERNORS SHALL : 19 | |
185 | 175 | ||
186 | - | (B) (1) NOTWITHSTANDING § 36.03 OF THIS CHAPTER , IF THE COUNTY | |
187 | - | COMMISSIONERS AND THE BOARD OF GOVERNORS LEASE THE GARRETT COUNTY | |
188 | - | MEMORIAL HOSPITAL, OR ANY PORTION THERE OF, IN ACCORDANCE WITH T HIS | |
189 | - | SECTION, THE BOARD OF GOVERNORS SHALL BE RE DUCED IN NUMBER TO C ONSIST LAWRENCE J. HOGAN, JR., Governor Ch. 197 | |
176 | + | 1. CONTINUE IN EXISTENCE AS PROVIDED IN DIVISION 20 | |
177 | + | (B) OF THIS SECTION; 21 | |
190 | 178 | ||
191 | - | ||
192 | - | ||
193 | - | ||
179 | + | 2. UNDER THE LEASE , HOLD TITLE TO THE AS SETS 22 | |
180 | + | OWNED BY THE HOSPITAL WHICH ARE TO BE LEASED, AS CO–LESSOR WITH THE 23 | |
181 | + | COUNTY COMMISSIONERS ; AND 24 | |
194 | 182 | ||
195 | - | (2) THE BOARD OF GOVERNORS SHALL MEET AT LEAST ONCE EACH | |
196 | - | YEAR AND AT OTHER TI MES AS IT SHALL DETE RMINE OR WHEN CALLED BY THE | |
197 | - | CHAIRPERSON . | |
183 | + | 3. CONTINUE IN EXISTENCE AS A BODY POLITIC AN D 25 | |
184 | + | CORPORATE , TO ENFORCE ITS RIGHT S AND OBLIGATIONS UN DER THE LEASE AND TO 26 | |
185 | + | RESUME OPERATION OF THE HOSPITAL IF A TERMINA TION OF THE LEASE RE SULTS 27 | |
186 | + | IN A REVERSION OF TH E HOSPITAL OPERATIONS A ND ASSETS BACK TO TH E COUNTY 28 | |
187 | + | COMMISSIONERS AND THE BOARD OF GOVERNORS; AND 29 | |
198 | 188 | ||
199 | - | (3) THE COUNTY COMMISSIONERS SHALL S ELECT THE MEMBERS OF | |
200 | - | THE BOARD OF GOVERNORS UNDER THIS DIVISION FOR THEIR T ALENTS, ABILITIES, | |
201 | - | AND INTEREST IN THE AFFAIR S OF THE GARRETT COUNTY MEMORIAL HOSPITAL. | |
189 | + | (II) THE COUNTY COMMISSIONERS SHALL C ONTINUE TO: 30 | |
202 | 190 | ||
203 | - | (4) A MEMBER OF THE BOARD OF GOVERNORS UNDER THIS DIVISION | |
204 | - | MAY NOT SERVE ON THE BOARD OF DIRECTORS OF THE LESS EE. | |
191 | + | 1. HOLD TITLE TO THE REA L PROPERTY OWNED BY IT 31 | |
192 | + | AND USED FOR THE PUR POSE OF THE HOSPITAL; AND 32 | |
193 | + | HOUSE BILL 1471 5 | |
205 | 194 | ||
206 | - | (5) THE TERM OF A MEMBER APPOINTED BY THE COUNTY | |
207 | - | COMMISSIONERS UNDER T HIS DIVISION IS 2 YEARS OR UNTIL THE C URRENT TERM | |
208 | - | OF THE ELECTED OFFIC IAL OR OFFICIALS WHO SELECTED THE MEMBER ENDS, | |
209 | - | WHICHEVER OCCURS FIR ST. | |
210 | 195 | ||
211 | - | | |
212 | - | ||
196 | + | 2. ENFORCE THEIR RIGHTS AND OBLIGATIONS UNDE R 1 | |
197 | + | THE LEASE. 2 | |
213 | 198 | ||
214 | - | ( | |
215 | - | ||
216 | - | ||
199 | + | (3) THE COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS 3 | |
200 | + | MAY TAKE ANY FURTHER ACTIONS NECESSARY TO FULLY PERFORM UNDER A LEASE, 4 | |
201 | + | INCLUDING: 5 | |
217 | 202 | ||
218 | - | (8) THE COUNTY COMMISSIONERS , BY RESOLUTION , SHALL ADOPT | |
219 | - | PROCEDURES FOR THE T RANSITION OF THE MEM BERSHIP AND DUTIES OF THE | |
220 | - | BOARD OF GOVERNORS NECESSITATE D BY THE ENTERING IN TO, OR TERMINATION | |
221 | - | OF, A LEASE UNDER THIS S ECTION. | |
203 | + | (I) EXECUTING ALL APPLICA BLE DOCUMENTS AND 6 | |
204 | + | TRANSACTIONS NECESSA RY TO LEASE THE REAL ESTATE AND EXISTING FACILITIES; 7 | |
222 | 205 | ||
223 | - | (C) IN ANY LEASE AUTHORIZ ED BY THIS SECTION , TRANSFERS OF TITLE T O | |
224 | - | OR POSSESSION OF REA L ESTATE, TANGIBLE PROPERTY , OR INTANGIBLE PROPER TY | |
225 | - | OWNED BY THE COUNTY COMMISSIONERS OR THE BOARD OF GOVERNORS AND | |
226 | - | USED IN THE OPERATIO N OF THE HOSPITAL, INCLUDING MEMBERSHIP OR EQUITY | |
227 | - | INTERESTS IN SUBSIDI ARY OR AFFILIATED EN TITIES, ARE AUTHORIZED AND | |
228 | - | EXEMPT FROM PUBLIC B IDDING REQUIREMENTS UNDER § 30.21 OF THIS ARTICLE. | |
206 | + | (II) TRANSFERRING TITLE TO OR POSSESSION OF TAN GIBLE 8 | |
207 | + | PROPERTY AND INTANGI BLE PROPERTY ; 9 | |
229 | 208 | ||
230 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency | |
231 | - | measure, is necessary for the immediate preservation of the public health or safety, has | |
232 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to | |
233 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is | |
234 | - | enacted. | |
235 | - | Ch. 197 2022 LAWS OF MARYLAND | |
209 | + | (III) PARTICIPATING IN ANY APPLICABLE REGULATOR Y 10 | |
210 | + | PROCESS; AND 11 | |
236 | 211 | ||
237 | - | – 6 – | |
238 | - | Approved by the Governor, April 21, 2022. | |
212 | + | (IV) MAKING ARRANGEMENTS F OR A DISPOSITION OF THE 12 | |
213 | + | HOSPITAL CONSISTENT W ITH THE TERMS OF A LEASE. 13 | |
214 | + | ||
215 | + | (B) (1) NOTWITHSTANDING § 36.03 OF THIS CHAPTER , IF THE COUNTY 14 | |
216 | + | COMMISSIONERS AND THE BOARD OF GOVERNORS LEASE THE GARRETT COUNTY 15 | |
217 | + | MEMORIAL HOSPITAL, OR ANY PORTION THERE OF, IN ACCORDANCE WITH T HIS 16 | |
218 | + | SECTION, THE BOARD OF GOVERNORS SHALL BE RE DUCED IN NUMBER TO CON SIST 17 | |
219 | + | OF THREE PERSONS RES IDING IN GARRETT COUNTY, ONE TO BE APPOINTED BY 18 | |
220 | + | EACH OF THE COUNTY COMMISSIONERS . 19 | |
221 | + | ||
222 | + | (2) THE BOARD OF GOVERNORS SHALL MEET AT LEAST ONCE EACH 20 | |
223 | + | YEAR AND AT OTHER TI MES AS IT SHALL DETE RMINE OR WHEN CALLED BY THE 21 | |
224 | + | CHAIRPERSON . 22 | |
225 | + | ||
226 | + | (3) THE COUNTY COMMISSIONERS SHALL S ELECT THE MEMBERS OF 23 | |
227 | + | THE BOARD OF GOVERNORS UNDER THIS DIVISION FOR THEIR T ALENTS, ABILITIES, 24 | |
228 | + | AND INTEREST IN THE AFFAIRS OF THE GARRETT COUNTY MEMORIAL HOSPITAL. 25 | |
229 | + | ||
230 | + | (4) A MEMBER OF THE BOARD OF GOVERNORS UNDER THIS DIVISION 26 | |
231 | + | MAY NOT SERVE ON THE BOARD OF DIRECTORS OF THE LESS EE. 27 | |
232 | + | ||
233 | + | (5) THE TERM OF A MEMBER APPOINTED BY THE COUNTY 28 | |
234 | + | COMMISSIONERS UNDER T HIS DIVISION IS 2 YEARS OR UNTIL THE C URRENT TERM 29 | |
235 | + | OF THE ELECTED OFFIC IAL OR OFFICIALS WHO SELECTED THE MEM BER ENDS, 30 | |
236 | + | WHICHEVER OCCURS FIR ST. 31 | |
237 | + | ||
238 | + | (6) THE BOARD OF GOVERNORS SHALL ELECT FROM AMONG ITS 32 | |
239 | + | MEMBERS A CHAIRPERSON , A VICE CHAIRPERSON , AND A SECRETARY/TREASURER. 33 6 HOUSE BILL 1471 | |
240 | + | ||
241 | + | ||
242 | + | ||
243 | + | (7) THE BOARD OF GOVERNORS MAY REMOVE A MEMBER OR FILL A 1 | |
244 | + | VACANCY ON THE BOARD IN ACCORDANCE WITH § 36.03(E) AND (F) OF THIS 2 | |
245 | + | CHAPTER. 3 | |
246 | + | ||
247 | + | (8) THE COUNTY COMMISSIONERS , BY RESOLUTION , SHALL ADOPT 4 | |
248 | + | PROCEDURES FOR THE T RANSITION OF THE MEM BERSHIP AND DUTIES O F THE 5 | |
249 | + | BOARD OF GOVERNORS NECESSITATE D BY THE ENTERING IN TO, OR TERMINATION 6 | |
250 | + | OF, A LEASE UNDER TH IS SECTION. 7 | |
251 | + | ||
252 | + | (C) IN ANY LEASE AUTHORIZ ED BY THIS SECTION , TRANSFERS OF TITLE T O 8 | |
253 | + | OR POSSESSION OF REA L ESTATE, TANGIBLE PROPERTY , OR INTANGIBLE PROPER TY 9 | |
254 | + | OWNED BY THE COUNTY COMMISSIONERS OR THE BOARD OF GOVERNORS AND 10 | |
255 | + | USED IN THE OPERATIO N OF THE HOSPITAL, INCLUDING MEMBERSHIP OR EQUITY 11 | |
256 | + | INTERESTS IN SUBSIDI ARY OR AFFILIATED EN TITIES, ARE AUTHORIZED AND 12 | |
257 | + | EXEMPT FROM PUBLIC B IDDING REQUIREMENTS UNDER § 30.21 OF THIS ARTICLE. 13 | |
258 | + | ||
259 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 14 | |
260 | + | measure, is necessary for the immediate preservation of the public health or safety, has 15 | |
261 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 16 | |
262 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 17 | |
263 | + | enacted. 18 | |
264 | + | ||
265 | + | ||
266 | + | ||
267 | + | ||
268 | + | Approved: | |
269 | + | ________________________________________________________________________________ | |
270 | + | Governor. | |
271 | + | ________________________________________________________________________________ | |
272 | + | Speaker of the House of Delegates. | |
273 | + | ________________________________________________________________________________ | |
274 | + | President of the Senate. |