HB 220 — HOSPITAL CARE FACILITIES CONTRACT DEFINITION

"hospital governing board" means the board that e a n b 24 governs a county hospital or the board of directors or trustees u [ of a contracting hospital;

.219376.1 - 4 - I.

"mill levy" means the rate of the tax, at a rate h specified in the Hospital Funding Act, in terms of dollars per u » r thousand dollars of net taxable value of property subject to t h g e l i taxation within the county;

h r i s J.

"municipality" means any city, town or village h , e h incorporated under a general act, special act or special t u g e b l e e , gh charter;

and n d d i = = o h K.

"equipping" or "re-equipping" means purchase or l ] b ,d i a º r lease of property of a character subject to the allowance for depreciatione underr Section= 167t ofe thew Internald Revenuem Codea ofn 1986,o asdepreciation amendedunder orSection renumbered,167 andof regulationsthe promulgatedInternal inRevenue accordanceCode withof thatd section."m SECTION: 2.

b r e t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 5 - e a n e d r e l u [ A d 1986, as amended or renumbered, and regulations promulgated in accordance with that section." SECTION 2.

e t 17 A.

to purchase, own, maintain and operate w l n d 18 hospitals;

= = 19 a l B.

to purchase the land necessary to construct i a e r 20 hospitals;

a t m m 21 C.

d r e 22 D.

c e s k 23 E.

to issue general obligation bonds and revenue e a n b 24 bonds in the manner provided in the Hospital Funding Act for u [ the construction, purchase, renovation, remodeling, equipping .219376.1 - 5 - or re-equipping of a county hospital, [or][or ] a jointly owned h county-municipal hospital or a county skilled nursing and g o t hr rehabilitation hospital HHHCºthat is located within a class B g e i k county with a population between thirty-seven thousand and h r i s forty-one thousand according to the most recent federal h , t, e u g decennial census»HHHC and purchasing the land necessary e b l e e h therefor or for any combination of the foregoing purposes;

n d d i = = o h F.

to charge for hospital services rendered and to l ] b ,d i a º e reduce any charge made for care of a patient in whole or part r i = r t e w d m a n o when the charges are determined to be disputed in good faith or uncollectible;d m :

b e d s º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 6 - e a n e d r e l u [ A d uncollectible;

to contract with the state, another county or counties, the federal government or its agencies, another political subdivision or a public or private corporation, organization or association for the care of the sick of the e t 17 county;

w l n d 18 I.

to receive all funds appropriated from whatever = = 19 a l source or paid by or on behalf of any patient of the hospital;

i a e r 20 J.

notwithstanding any other provision of law, to a t m m 21 enter into leases, management or operating contracts, health d r e 22 care facilities contracts and other agreements authorized by c e s k 23 the Hospital Funding Act for periods in excess of one year;

eh a n b 24 provided that:

u [» r (1) the contract, lease or agreement may be .219376.1t -h 6g -e l i terminated by the county without cause upon one hundred eighty h r i s days' notice after the first three years of the contract;

and h , e h (2) Paragraph (1) of this subsection shall not t u g e b l e e , gh apply during the portion of a lease term in which a lessee is n d d i = = o h obligated under the lease to make debt service payments on l ] b ,d i a º r revenue bonds that finance all or part of the hospital or e r = t e w d m a n o equipment for the hospital;

K.d m :

b r e t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 7 - e a n e d r e l u [ A d K.

e t 17 M.

to call a mill levy election as authorized by w l n d 18 the Hospital Funding Act and to collect and distribute the = = 19 a l proceeds of the mill levy pursuant to that act;

i a e r 20 N.

to distribute the proceeds of the mill levy a t m m 21 authorized by the Hospital Funding Act to one or more county d r e 22 hospitals and one or more contracting hospitals or any c e s k 23 combination thereof that provide facilities for the sick of the eh a n b 24 county, whether located within or without the county wherein u [» r the mill levy is collected;

.219376.1t -h 7g -e l i O.

to accept grants for constructing, equipping, h r i s operating and maintaining a county hospital;

h , e h P.

to enter into an agreement with a municipality t u g e b l e e , gh for constructing, equipping, operating and maintaining a n d d i = = o h jointly owned county-municipal hospital;

l ] b ,d i a º r Q.

to enter into an agreement with another county ore counties,r another= countyt ore countiesw andd anotherm political subdivision, an agency of the federal government or any other person, corporation, organization or association that provides that the parties to the agreement shall join together or form a legaln entityo for the purpose of making some or allcounties, purchasesanother necessarycounty for the operation of public hospitals or publiccounties and privateanother hospitalspolitical subjectd tom provisions: of or exemptions from the Procurement Code;

b r e t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 8 - e a n e d r e l u [ A d subdivision, an agency of the federal government or any other person, corporation, organization or association that provides that the parties to the agreement shall join together or form a legal entity for the purpose of making some or all purchases necessary for the operation of public hospitals or public and private hospitals subject to provisions of or exemptions from the Procurement Code;

to enter into an agreement with another county or counties, another political subdivision, an agency of the e t 17 federal government or any other person, corporation, w l n d 18 organization or association that provides that parties to the = = 19 a l agreement shall join together or form a legal entity for the i a e r 20 purpose of creating a network of health care providers or a t m m 21 jointly operating a common health care service, subject to d r e 22 provisions of or exemptions from the Procurement Code;

c e s k 23 S.

to expend public money to recruit health care eh a n b 24 personnel to serve the sick of the county;

and u [» r T.

to perform any other act or adopt any regulation .219376.1t -h 8g -e l i necessary or expedient to carry out the provisions of the h r i s Hospital Funding Act." h , e h SECTION 3.

[NEW MATERIAL]MATERIAL ] SHORT TITLE.--Sections 3 t u g e b l e e , gh through 7 of this act may be cited as the "2021 Public n d d i = = o h Securities Validation Act".

l ] b ,d i a º r SECTION 4.

[NEW MATERIAL]MATERIAL ] DEFINITIONS.--As used in the e r = t e w d m a n o 2021 Public Securities Validation Act:

A.d m :

b r e t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 9 - e a n e d r e l u [ A d A.

"public security" means a bond, note certificate e t 17 of indebtedness or other obligation for the payment of money w l n d 18 issued by this state or by any public body thereof;

and = = 19 a l C.

"state" means the state of New Mexico and any i a e r 20 board, commission, department, corporation, instrumentality or a t m m 21 agency thereof.

d r e 22 SECTION 5.

[NEW MATERIAL]MATERIAL ] VALIDATION.--All outstanding c e s k 23 public securities of the state and of all public bodies eh a n b 24 thereof, and all acts and proceedings heretofore had or taken, u [» r or purportedly had or taken, by or on behalf of the state or .219376.1t -h 9g -e l i any public body thereof under law or color of law preliminary h r i s to and in the authorization, execution, sale, issuance and h , e h payment, or any combination thereof, of all such public securitiest areu herebyg validated,e ratified,b approvedl ande confirmed,e including, butgh notsecurities necessarilyare limitedhereby to,validated, theratified, terms,approved provisions, conditions and covenantsn ofd anyd resolutioni or= ordinance= appertainingo thereto,h theconfirmed, redemption or refunding of public securities before maturity and provisions therefor, including defeasancebut andnot dischargenecessarily oflimited liensto, arising from or existing by virtue of public securities redeemed or refunded, the levyterms, andl collection] ofb rates,,d tollsi anda charges,º specialr assessments,provisions, andconditions general and othercovenants taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefore, appertaining to such public securities, except as hereinafter provided, notwithstanding any lackresolution ofor power, e tr 17= authorityt ore otherwise, and notwithstanding any defects and w l n d 18m irregularities in such public securities, acts and proceedings, = = 19 a ln ando inordinance suchappertaining authorization,thereto, execution, sale, issuance and i a e r 20 payment, including, without limiting the generalityredemption of the a t m m 21 foregoing, such acts and proceedings appertaining to such d r e 22 public securities all or anyrefunding part of whichd havem heretofore: not c e s k 23 been issued nor purportedly issued.

Suchb outstandingr publice t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 10 - e a n be 24d r e l u [ A d public securities arebefore maturity and shallprovisions be,therefor, including defeasance and suchdischarge of liens arising from or existing by virtue of public securities uredeemed [or heretoforerefunded, notthe issuedlevy norand purportedlycollection issuedof shallrates, be,tolls afterand .219376.1charges, -special 10assessments, -and theirgeneral issuance,and binding,other legal,taxes, validand the acquisition and enforceableapplication obligationsof other revenues, the pledge and use of the stateproceeds orthereof, and the publicestablishment bodyof issuingliens themthereon inand accordancefunds withtherefore, theirappertaining termsto andsuch theirpublic authorizingsecurities, proceedings,except subjectas tohereinafter theprovided, takingnotwithstanding orany adoptionlack of actspower, andauthority proceedingsor heretoforeotherwise, notand hadnotwithstanding norany taken,defects norand purportedlyirregularities hadin norsuch taken,public butsecurities, requiredacts byand proceedings, and in substantialsuch authorization, execution, sale, issuance and duepayment, complianceincluding, withwithout lawslimiting the generality of the foregoing, such acts and proceedings appertaining to any such public securities all or any part of which have heretofore not been issued nor purportedly issued.

Such outstanding public h securities are and shall be, and such public securities u » r heretofore not issued nor purportedly issued shall be, after t h g e l i their issuance, binding, legal, valid and enforceable h r i s obligations of the state or the public body issuing them in h , e h accordance with their terms and their authorizing proceedings, t u g e b l e e , gh subject to the taking or adoption of acts and proceedings n d d i = = o h heretofore not had nor taken, nor purportedly had nor taken, l ] b ,d i a º r but required by and in substantial and due compliance with laws e r = t e w d m a n o appertaining to any such public securities heretofore not d m :

b r e t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e - 11 - e a n e d r e l u [ A d issued nor purportedly issued.

[NEW MATERIAL] EFFECT AND LIMITATIONS.--The 2021 Public Securities Validation Act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken that the legislature could have supplied or provided for or can now supply or provide for in the law under which such public securities were issued and such acts or proceedings were taken.

The 2021 Public Securities e t 17 Validation Act, however, shall be limited to the validation of w l n d 18 public securities, acts and proceedings to the extent to which = = 19 a l the same can be effectuated under the state and federal i a e r 20 constitutions.

a t m m 21 SECTION 7.

[NEW MATERIAL]MATERIAL ] CONSTRUCTION.--This act being d r e 22 necessary to secure the public health, safety, convenience and c e s k 23 welfare, it shall be liberally construed to effect its eh a n b 24 purposes.

u [» r SECTION 8.

EMERGENCY.--It is necessary for the public .219376.1t -h 11g -e l i peace, health and safety that this act take effect immediately.

h r i s - 12 - 4h 6, 8e 10h 12t 14u 16g e tb 17l we le , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .219376.1

b r e t º o t n = .219376.1AIC February 22, 2021 (4:00pm) s k m e e a n e d r e l u [ A d