Title 39 — HEALTH AND SAFETY

39-1441. Short title. This act may be referred to and cited as the "Idaho health facilities authority act."

39-1442. Declaration of necessity and purpose — Liberal construction. It is hereby determined and declared that for the benefit of the people of the state of Idaho and the improvement of their health, welfare and living conditions, it is essential that the people of this state ha…

39-1443. Definitions. In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows: (a) "Authority" means the Idaho health facilities authority created by this act. (b) "Bonds," "notes" or "bond anticipation…

39-1444. Authority — Creation — Membership — Appointment — Terms of office — Filling vacancies and removals. There is hereby created an independent public body politic and corporate to be known as the "Idaho health facilities authority." Said authority is constituted a public ins…

39-1445. Quorum — Mode of action — Expenses. Four (4) members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four (4) of its members. No vacanc…

39-1446. Organization meeting — Chairman — Executive director — Surety bond and conflict of interest. A member of the authority designated by the governor shall call and convene the initial organizational meeting of the authority and shall serve as its chairman pro tem. At such m…

39-1447. Powers. The authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof: (1) to have perpetual succession as a body politic and corporate; (2) to adopt by-laws for the regulation of its affairs and the co…

39-1447A. Public securities of health institutions — Interest exchange agreements. (1) As used in this section: (a) "Authorized entity" means any of the following entities: the authority, a county that has created a hospital board under chapter 36, title 31, Idaho Code, and that …

39-1448. Acquisition of property. The authority is authorized and empowered directly or by or through a participating health institution, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights of way, fran…

39-1448A. Notes. The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any facility, and renew from time to time any notes by the issuance of new notes, whether the notes to b…

39-1449. Bonds. (a) The authority is authorized from time to time to issue its bonds in such principal amount as the authority shall determine for the purpose of financing all or a part of the cost of any facilities authorized hereby or for the refinancing of outstanding obligati…

39-1450. Security for bonds and notes. The principal of and interest on any bonds or notes issued by the authority may be secured by a pledge of, or security interest in, the revenues, rentals and receipts out of which the same may be made payable or from other moneys available t…

39-1450A. Personal liability. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.

39-1450B. Purchase. The authority shall have power out of any funds available therefor to purchase its bonds or notes. The authority may hold, pledge, cancel or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders.

39-1450D. Trust agreement to secure bonds. In the discretion of the authority any bonds issued under this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust …

39-1451. Payment of bonds — Nonliability of state. Bonds and notes issued by the authority shall not constitute or become an indebtedness, or a debt or liability of the state, the legislature thereof, or of any county, city, town, township, board of education or school district, …

39-1452. Exemption from taxation — Securities law. The authority is hereby declared to be performing a public function for the benefit of the people of the state for the improvement of their health and living conditions and to be a public instrumentality of the state. Accordingly…

39-1453. Rents and charges. The authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each facility and to contract with any person, partnership, association or corporation, or…

39-1453A. Fees. All expenses of the authority incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability shall be incurred by the authority beyond the extent to which moneys shall have been prov…

39-1454. Conveyance of title to institution. When the principal of (an) and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions, including any refunding bonds issued …

39-1455. Powers not restricted — Law complete in itself. Neither this act nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of…

39-1456. Facilities governed by laws of locality. All facilities shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.

39-1457. Investment of funds. The authority may invest the proceeds from the sale of a series of obligations or any funds related to the series in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of the st…

39-1457A. Trust funds. All moneys received pursuant to the authority of this act whether as proceeds from the sale of bonds, notes or other obligations or as revenues or receipts shall be deemed to be trust funds to be held and applied solely as provided in this act. Any officer …

39-1457B. Agreement of the state. The state does hereby pledge to and agree with the holders of any bonds, notes and other obligations issued under this act, and with those parties who may enter into contracts with the authority pursuant to the provisions of this act, that the st…

39-1458. Bonds eligible for investment. The state and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institut…

39-1459. Exemption from construction and bidding requirements for public buildings. The facilities are not subject to any requirements relating to public buildings, structures, grounds, works or improvements imposed by the laws of this state or any other similar requirements whic…

39-1460. Powers in addition to those granted by other laws — Severability. The powers conferred by this act shall be in addition and supplementary to, and the limitations by this act shall not affect the powers conferred by any other law except as herein provided. Facilities may …