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3858Ratification Number: 169Act Number: 94Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990406Primary Sponsor: BattleAll Sponsors: Battle and M. HinesDrafted Document Number: l:\council\bills\pt\1408dw99.docDate Bill Passed both Bodies: 19990602Date of Last Amendment: 19990526Governor's Action: SDate of Governor's Action: 19990611Subject: Public service district, hospital; transfer of assets for delivery of medical services; Political SubdivisionsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A94 ------ 19990611 Signed by Governor ------ 19990609 Ratified R169 Senate 19990602 Read third time, enrolled for ratification Senate 19990601 Read second time Senate 19990601 Recalled from Committee 11 SJ Senate 19990527 Introduced, read first time, 11 SJ referred to Committee House 19990527 Read third time, sent to Senate House 19990526 Amended, read second time House 19990518 Debate adjourned until Tuesday, 19990525 House 19990512 Committee report: Favorable 25 HJ House 19990406 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 12, 1999 - Word format Revised on May 26, 1999 - Word format Revised on June 1, 1999 - Word format
(A94, R169, H3858)
AN ACT TO AMEND SECTION 4-9-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF THE ASSETS, PROPERTIES, AND RESPONSIBILITIES OF A PUBLIC SERVICE DISTRICT FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER LOCATED WITHIN THE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE SERVICES MUST BE CLINICAL AND THAT THE TRANSFER MUST BE TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER IN THE DISTRICT, LIMIT THE APPLICATION OF THIS SECTION TO A HOSPITAL PUBLIC SERVICE DISTRICT, PROVIDE THAT THE REFERENDUM REQUIREMENT IS NOT NECESSARY FOR A TRANSFER TO CERTAIN ENTITIES, AND PROVIDE THAT THE DISTRICT MAY BE DISSOLVED UPON THE COMPLETION OF THE TRANSFER AND ASSUMPTION OF THE RESPONSIBILITIES AND OBLIGATIONS OF THE DISTRICT.
Be it enacted by the General Assembly of the State of South Carolina:
Hospital public service district may transfer assets and properties
SECTION 1. Section 4-9-82 of the 1976 Code, as added by Act 93 of 1987, is amended to read:
"Section 4-9-82. (A) The governing body of any hospital public service district is authorized to transfer its assets and properties for the delivery of medical services upon assumption by the transferee of the responsibilities of the district for the delivery of medical services as set forth in the legislation creating the hospital public service district.
(B) The transfer is not completed until the question of the transfer has been submitted to and approved by a favorable referendum vote of a majority of the qualified electors of the district voting in the referendum. The referendum vote may be conducted either as a special referendum within the district for this specific purpose or at the same time as a general election.
(C) Provided, however, that the requirements of subsection (B) do not apply to a transfer by a hospital public service district that owns or controls less than one hundred thirty licensed or otherwise authorized acute care hospital beds and is located entirely within a county with a population of less than forty thousand persons, and the:
(1) transfer is to a not-for-profit entity whose governing board is appointed by the Governor, upon the recommendation of the legislative delegation from the county where the hospital public service district is located, and which otherwise is in compliance with subsection (A); or
(2) transfer is to an entity created pursuant to the provisions of Chapter 31 of Title 33, or the provisions of Chapter 35 of Title 33, or the provisions of Articles 15 and 16 of Chapter 7 of Title 44, and whose governing board is appointed by the Governor, upon recommendation of the legislative delegation from the county where the hospital public service district is located; or
(3) transfer is to another governmental entity.
(D) Any hospital public service district which transfers its assets and properties as provided in this section may dissolve the hospital public service district upon the completion of the transfer and upon the assumption or other appropriate disposition by the transferee of all of the responsibilities and obligations of the hospital public service district.
(E) If the hospital public service district transfers its assets to an entity outside of its geographic boundaries, then any proceeds from the transfer must be used solely for the provision of health care services in a manner consistent with the obligations and responsibilities of the transferring hospital public service district."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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