S*0673(Rat #0027, Act #0014 of 2015)  General Bill, By Sheheen

Similar(H 4012)
 AN ACT TO AMEND SECTION 4-9-82, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE TRANSFER OF ASSETS BY A HOSPITAL PUBLIC SERVICE
 DISTRICT, SO AS TO SPECIFY THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO
 A TRANSACTION THAT INCLUDES THE HOSPITAL PUBLIC SERVICE DISTRICT'S ENTRY INTO
 A LEASE OF ANY OR ALL OF ITS REAL PROPERTY ASSOCIATED WITH THE DELIVERY OF
 HOSPITAL SERVICES REGARDLESS OF THE LENGTH OF THE TERM OF THE REAL PROPERTY
 LEASE OR WHETHER OR NOT THE TRANSACTION ALSO INCLUDES THE SALE OR LEASE OF
 OTHER ASSETS OF THE DISTRICT, AND TO PROVIDE APPLICATION LIMITATIONS. -
 ratified title

   04/16/15  Senate Introduced and read first time (Senate Journal-page 4)
   04/16/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 4)
   04/22/15  Senate Recalled from Committee on Judiciary
                     (Senate Journal-page 2)
   04/23/15  Senate Amended (Senate Journal-page 81)
   04/23/15  Senate Read second time (Senate Journal-page 81)
   04/23/15  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 81)
   04/28/15  Senate Amended (Senate Journal-page 19)
   04/28/15  Senate Read second time (Senate Journal-page 19)
   04/28/15  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 19)
   04/29/15  House  Introduced and read first time (House Journal-page 4)
   04/29/15  House  Referred to Committee on Judiciary
                     (House Journal-page 4)
   04/29/15  House  Recalled from Committee on Judiciary
                     (House Journal-page 130)
   04/29/15         Scrivener's error corrected
   04/30/15  House  Read second time (House Journal-page 12)
   04/30/15  House  Roll call Yeas-101  Nays-0 (House Journal-page 13)
   04/30/15  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 14)
   05/01/15  House  Read third time and enrolled (House Journal-page 2)
   05/07/15         Ratified R 27
   05/07/15         Signed By Governor
   05/13/15         Effective date 05/07/15
   05/14/15         Act No. 14

(A14, R27, S673)

AN ACT TO AMEND SECTION 4-9-82, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF ASSETS BY A HOSPITAL PUBLIC SERVICE DISTRICT, SO AS TO SPECIFY THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO A TRANSACTION THAT INCLUDES THE HOSPITAL PUBLIC SERVICE DISTRICT'S ENTRY INTO A LEASE OF ANY OR ALL OF ITS REAL PROPERTY ASSOCIATED WITH THE DELIVERY OF HOSPITAL SERVICES REGARDLESS OF THE LENGTH OF THE TERM OF THE REAL PROPERTY LEASE OR WHETHER OR NOT THE TRANSACTION ALSO INCLUDES THE SALE OR LEASE OF OTHER ASSETS OF THE DISTRICT, AND TO PROVIDE APPLICATION LIMITATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Transfer of assets by a hospital public service district, exception for leases

SECTION    1.    Section 4-9-82 of the 1976 Code, as last amended by Act 94 of 1999, is further amended by adding an appropriately lettered subsection at the end to read:

"( )    Notwithstanding any other provision of law, the provisions of this section do not apply to any transaction that includes the hospital public service district's entry into a lease of any or all of its real property associated with the delivery of hospital services regardless of:

(1)    the length of the term of the real property lease; or

(2)    whether or not the transaction also includes the sale or lease of other assets of the district."

Applicability limitations

SECTION    2.    Section 4-9-82(C) of the 1976 Code, as added by Act 94 of 1999, is amended to read:

"(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 forty-five 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, Title 33, or the provisions of Chapter 35, Title 33, or the provisions of Articles 15 and 16, Chapter 7, 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."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 7th day of May, 2015.

Approved the 7th day of May, 2015.