1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 244 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR CRAWFORD. |
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8 | 8 | | 0790S.02I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 96.192, 96.196, and 206.110, RSMo, and to enact in lieu thereof four new |
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11 | 11 | | sections relating to hospitals. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Sections 96.192, 96.196, and 206.110, RSMo, 1 |
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15 | 15 | | are repealed and four new sections enacted in lieu thereof, to 2 |
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16 | 16 | | be known as sections 96.192, 96.196, 206.110, a nd 206.158, to 3 |
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17 | 17 | | read as follows:4 |
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18 | 18 | | 96.192. 1. The board of trustees of any hospital 1 |
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19 | 19 | | authorized under subsection 2 of this section, and 2 |
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20 | 20 | | established and organized under the provisions of sections 3 |
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21 | 21 | | 96.150 to 96.229, may invest up to [twenty-five] fifty 4 |
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22 | 22 | | percent of [the hospital's] its funds not required for 5 |
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23 | 23 | | immediate disbursement in obligations or for the operation 6 |
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24 | 24 | | of the hospital [in any United States investment grade fixed 7 |
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25 | 25 | | income funds or any diversified stock funds, or both ] into: 8 |
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26 | 26 | | (1) Any mutual funds that invest in stocks, bonds, or 9 |
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27 | 27 | | real estate, or any combination thereof; 10 |
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28 | 28 | | (2) Bonds that have: 11 |
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29 | 29 | | (a) One of the five highest long -term ratings or the 12 |
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30 | 30 | | highest short-term rating issued by a nationally recognized 13 |
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31 | 31 | | rating agency; and 14 |
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32 | 32 | | (b) A final maturity of ten years or less; 15 |
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33 | 33 | | (3) Money-market investments; or 16 SB 244 2 |
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34 | 34 | | (4) Any combination of investments described in 17 |
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35 | 35 | | subdivisions (1) to (3) of this subsection. 18 |
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36 | 36 | | The board shall invest the remaining percentage of funds not 19 |
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37 | 37 | | required for immediate disbursement into any investment in 20 |
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38 | 38 | | which the state treasurer is allowed to invest . 21 |
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39 | 39 | | 2. The provisions of this section shall only apply if 22 |
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40 | 40 | | the hospital: 23 |
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41 | 41 | | (1) Receives less than [one] three percent of its 24 |
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42 | 42 | | annual revenues from munic ipal, county, or state taxes; and 25 |
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43 | 43 | | (2) Receives less than [one] three percent of its 26 |
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44 | 44 | | annual revenue from appropriated funds from the municipality 27 |
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45 | 45 | | in which such hospital is located. 28 |
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46 | 46 | | 96.196. 1. A hospital organized under this chap ter 1 |
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47 | 47 | | may purchase, operate or lease, as lessor or lessee, related 2 |
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48 | 48 | | facilities or engage in health care activities, except in 3 |
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49 | 49 | | counties of the third or fourth classification (other than 4 |
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50 | 50 | | the county in which the hospital is located) where there 5 |
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51 | 51 | | already exists a hospital organized pursuant to this chapter 6 |
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52 | 52 | | [and chapter 205 or 206 ]; provided, however, that this 7 |
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53 | 53 | | exception shall not prohibit the continuation of existing 8 |
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54 | 54 | | activities otherwise allowed by law. 9 |
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55 | 55 | | 2. If a hospital organized pursuant to this chap ter 10 |
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56 | 56 | | accepts appropriated funds from the city during the twelve 11 |
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57 | 57 | | months immediately preceding the date that the hospital 12 |
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58 | 58 | | purchases, operates or leases its first related facility 13 |
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59 | 59 | | outside the city boundaries or engages in its first health 14 |
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60 | 60 | | care activity outside the city boundaries, the governing 15 |
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61 | 61 | | body of the city shall approve the hospital's plan for such 16 |
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62 | 62 | | purchase, operation or lease prior to implementation of the 17 |
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63 | 63 | | plan. 18 SB 244 3 |
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64 | 64 | | 206.110. 1. A hospital district, both within and 1 |
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65 | 65 | | outside such district, except in counties of the third or 2 |
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66 | 66 | | fourth classification (other than within the district 3 |
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67 | 67 | | boundaries) where there already exists a hospital organized 4 |
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68 | 68 | | pursuant to [chapters 96, 205 or] this chapter; provided, 5 |
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69 | 69 | | however, that this exception shall no t prohibit the 6 |
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70 | 70 | | continuation or expansion of existing activities otherwise 7 |
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71 | 71 | | allowed by law, shall have and exercise the following 8 |
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72 | 72 | | governmental powers, and all other powers incidental, 9 |
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73 | 73 | | necessary, convenient or desirable to carry out and 10 |
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74 | 74 | | effectuate the express powers: 11 |
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75 | 75 | | (1) To establish and maintain a hospital or hospitals 12 |
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76 | 76 | | and hospital facilities, and to construct, acquire, develop, 13 |
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77 | 77 | | expand, extend and improve any such hospital or hospital 14 |
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78 | 78 | | facility including medical office buildings to provide 15 |
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79 | 79 | | offices for rental to physicians and dentists on the 16 |
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80 | 80 | | district hospital's medical or dental staff, and the 17 |
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81 | 81 | | providing of sites therefor, including offstreet parking 18 |
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82 | 82 | | space for motor vehicles; 19 |
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83 | 83 | | (2) To acquire land in fee simple, rights in land and 20 |
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84 | 84 | | easements upon, over or across land and leasehold interest 21 |
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85 | 85 | | in land and tangible and intangible personal property used 22 |
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86 | 86 | | or useful for the location, establishment, maintenance, 23 |
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87 | 87 | | development, expansion, extension or improvement of any 24 |
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88 | 88 | | hospital or hospital facility. The acquisition may be by 25 |
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89 | 89 | | dedication, purchase, gift, agreement, lease, use or adverse 26 |
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90 | 90 | | possession or by condemnation; 27 |
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91 | 91 | | (3) To operate, maintain and manage a hospital and 28 |
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92 | 92 | | hospital facilities, and to make and enter into contracts, 29 |
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93 | 93 | | for the use, operation or management of a hospital or 30 |
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94 | 94 | | hospital facilities; to engage in health care activities; 31 |
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95 | 95 | | and to make and enter into leases of equipment and real 32 SB 244 4 |
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96 | 96 | | property, a hospital or hospital facilities, as lessor or 33 |
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97 | 97 | | lessee, regardless of the duration of such lease; and to 34 |
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98 | 98 | | provide rules and regulations for the operation, management 35 |
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99 | 99 | | or use of a hospital or hospital facilities. Any agreement 36 |
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100 | 100 | | entered into pursuant to this subsection pertaining to the 37 |
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101 | 101 | | lease of the hospital shall have a definite termination da te 38 |
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102 | 102 | | as negotiated by the parties, but this shall not preclude 39 |
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103 | 103 | | the trustees from entering into a renewal of the agreement 40 |
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104 | 104 | | with the same or other parties pertaining to the same or 41 |
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105 | 105 | | other subjects upon such terms and conditions as the parties 42 |
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106 | 106 | | may agree; 43 |
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107 | 107 | | (4) To fix, charge and collect reasonable fees and 44 |
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108 | 108 | | compensation for the use or occupancy of the hospital or any 45 |
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109 | 109 | | part thereof, or any hospital facility, and for nursing 46 |
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110 | 110 | | care, medicine, attendance, or other services furnished by 47 |
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111 | 111 | | the hospital or hospi tal facilities, according to the rules 48 |
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112 | 112 | | and regulations prescribed by the board from time to time; 49 |
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113 | 113 | | (5) To borrow money and to issue bonds, notes, 50 |
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114 | 114 | | certificates, or other evidences of indebtedness for the 51 |
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115 | 115 | | purpose of accomplishing any of its corporate purposes, 52 |
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116 | 116 | | subject to compliance with any condition or limitation set 53 |
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117 | 117 | | forth in this chapter or otherwise provided by the 54 |
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118 | 118 | | Constitution of the state of Missouri; 55 |
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119 | 119 | | (6) To employ or enter into contracts for the 56 |
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120 | 120 | | employment of any person, firm, or corpo ration, and for 57 |
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121 | 121 | | professional services, necessary or desirable for the 58 |
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122 | 122 | | accomplishment of the corporate objects of the district or 59 |
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123 | 123 | | the proper administration, management, protection or control 60 |
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124 | 124 | | of its property; 61 |
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125 | 125 | | (7) To maintain the hospital for the be nefit of the 62 |
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126 | 126 | | inhabitants of the area comprising the district who are 63 |
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127 | 127 | | sick, injured, or maimed regardless of race, creed or color, 64 SB 244 5 |
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128 | 128 | | and to adopt such reasonable rules and regulations as may be 65 |
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129 | 129 | | necessary to render the use of the hospital of the greatest 66 |
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130 | 130 | | benefit to the greatest number; to exclude from the use of 67 |
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131 | 131 | | the hospital all persons who willfully disregard any of the 68 |
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132 | 132 | | rules and regulations so established; to extend the 69 |
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133 | 133 | | privileges and use of the hospital to persons residing 70 |
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134 | 134 | | outside the area of the di strict upon such terms and 71 |
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135 | 135 | | conditions as the board of directors prescribes by its rules 72 |
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136 | 136 | | and regulations; 73 |
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137 | 137 | | (8) To police its property and to exercise police 74 |
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138 | 138 | | powers in respect thereto or in respect to the enforcement 75 |
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139 | 139 | | of any rule or regulation provid ed by the ordinances of the 76 |
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140 | 140 | | district and to employ and commission police officers and 77 |
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141 | 141 | | other qualified persons to enforce the same; 78 |
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142 | 142 | | (9) To lease to or allow for any institution of higher 79 |
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143 | 143 | | education to use or occupy the hospital, any real estate or 80 |
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144 | 144 | | facility owned or leased by the district or any part thereof 81 |
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145 | 145 | | for the purpose of health care -related and general education 82 |
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146 | 146 | | or training. 83 |
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147 | 147 | | 2. The use of any hospital or hospital facility of a 84 |
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148 | 148 | | district shall be subject to the reasonable regulation and 85 |
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149 | 149 | | control of the district and upon such reasonable terms and 86 |
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150 | 150 | | conditions as shall be established by its board of directors. 87 |
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151 | 151 | | 3. A regulatory ordinance of a district adopted under 88 |
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152 | 152 | | any provision of this section may provide for a suspension 89 |
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153 | 153 | | or revocation of any rights or privileges within the control 90 |
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154 | 154 | | of the district for a violation of any such regulatory 91 |
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155 | 155 | | ordinance. 92 |
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156 | 156 | | 4. Nothing in this section or in other provisions of 93 |
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157 | 157 | | this chapter shall be construed to authorize the district or 94 |
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158 | 158 | | board to establish or enforce any regulation or rule in 95 |
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159 | 159 | | respect to hospitalization or the operation or maintenance 96 SB 244 6 |
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160 | 160 | | of such hospital or any hospital facilities within its 97 |
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161 | 161 | | jurisdiction which is in conflict with any federal or state 98 |
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162 | 162 | | law or regulation applicable to the sam e subject matter. 99 |
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163 | 163 | | 206.158. 1. The board of trustees of any hospital 1 |
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164 | 164 | | authorized under subsection 2 of this section, and 2 |
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165 | 165 | | established and organized under the provisions of sections 3 |
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166 | 166 | | 206.010 to 206.160, may invest up to fifty percent of its 4 |
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167 | 167 | | funds not required for immediate disbursement in obligations 5 |
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168 | 168 | | or for the operation of the hospital into: 6 |
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169 | 169 | | (1) Any mutual funds that invest in stocks, bonds, or 7 |
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170 | 170 | | real estate, or any combination thereof; 8 |
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171 | 171 | | (2) Bonds that have: 9 |
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172 | 172 | | (a) One of the five highest long -term ratings or the 10 |
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173 | 173 | | highest short-term rating issued by a nationally recognized 11 |
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174 | 174 | | rating agency; and 12 |
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175 | 175 | | (b) A final maturity of ten years or less; 13 |
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176 | 176 | | (3) Money-market investments; or 14 |
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177 | 177 | | (4) Any combination of investments desc ribed in 15 |
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178 | 178 | | subdivisions (1) to (3) of this subsection; 16 |
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179 | 179 | | The board shall invest the remaining percentage of funds not 17 |
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180 | 180 | | required for immediate disbursement into any investment in 18 |
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181 | 181 | | which the state treasurer is allowed to invest. 19 |
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182 | 182 | | 2. The provisions of this section shall only apply if 20 |
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183 | 183 | | the hospital district receives less than three percent of 21 |
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184 | 184 | | its annual revenues from hospital district or state taxes. 22 |
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185 | 185 | | |
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