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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 94-S.F.No. 36 
                  An act relating to hospital districts, authorizing 
                  hospital districts to provide support services to 
                  certain persons not in need of nursing home care; 
                  authorizing a study of assisted living financing; 
                  amending Minnesota Statutes 1996, sections 447.33; 
                  447.34, subdivision 1; and 447.45, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 447.33, is 
        amended to read: 
           447.33 [POWERS.] 
           Subdivision 1.  [BROAD POWERS OF DISTRICT.] Each hospital 
        district created or reorganized under sections 447.31 to 447.37 
        has the powers necessary and convenient to acquire, improve, and 
        run the hospital and, nursing home facilities, and facilities 
        described in section 447.45, subdivision 2, paragraph (b), as 
        the hospital board finds expedient.  The list of powers in this 
        section does not restrict the power of the board.  It may take 
        any action reasonably necessary or convenient to further the 
        purpose for which the district exists which is not otherwise 
        prohibited by law.  
           Subd. 2.  [SPECIFIC POWERS.] Specifically, every district, 
        acting through its hospital board, may: 
           (1) employ nursing, administrative, and other personnel, 
        legal counsel, engineers, architects, accountants, and other 
        qualified persons, who may be paid for their services by monthly 
        salaries, hourly wages, and pension benefits, or by any fees 
        agreed on; 
           (2) have reports, plans, studies, and recommendations 
        prepared; 
           (3) lease, purchase, and contract for the purchase of real 
        and personal property by option, contract for deed, conditional 
        sales contract, or otherwise, and acquire real or personal 
        property by gift; 
           (4) lease or construct, equip, furnish, and maintain 
        necessary buildings and grounds; 
           (5) adopt, by resolution, rules for the operation and 
        administration of the hospital and nursing home facilities under 
        its control, and for the admission of patients; 
           (6) impose by resolution, and collect, charges for services 
        and facilities provided and made available by it; 
           (7) levy taxes as prescribed in section 447.34; 
           (8) borrow money and issue bonds as prescribed in sections 
        447.345 and 447.35; 
           (9) buy liability insurance for the district or its 
        officers and employees or both, for torts committed within the 
        scope of their official duties, whether governmental or 
        proprietary, and against damage to or destruction of any of its 
        facilities, equipment, or other property; 
           (10) sell or lease its facilities or equipment as it finds 
        expedient; and 
           (11) have its accounts, books, vouchers, and funds audited 
        by competent public accountants; and 
           (12) enter into agreements with a city or county with 
        respect to the facilities described in section 447.45, 
        subdivision 2, that are attached or related to a nursing home, 
        are providing supportive services to elderly persons who are not 
        yet in need of nursing home care, including congregate housing, 
        adult day care, and respite care services, and are owned or 
        operated by the city or county. 
           Sec. 2.  Minnesota Statutes 1996, section 447.34, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXPENSES PAID FROM REVENUE, TAXES, AND 
        APPROPRIATIONS; TAX LIMITS.] Expenses of acquiring, improving, 
        and running the hospital and, nursing home facilities, and 
        facilities described in section 447.45, subdivision 2, paragraph 
        (b), operated by a hospital district, amounts payable with 
        respect to facilities of the type described in section 447.45, 
        subdivision 2, that are attached or related to a nursing home 
        and are providing supportive services to elderly persons who are 
        not yet in need of nursing home care, including congregate 
        housing, adult day care, and respite care services, under an 
        agreement between the hospital district and a city or county, 
        expenses incurred under section 447.331, subdivision 1, and 
        expenses of organization and administration of the district and 
        of planning and financing the facilities, must be paid from the 
        revenues derived from them, and to the extent necessary, from ad 
        valorem taxes levied by the hospital board on all taxable 
        property within the district, and, to the extent determined from 
        time to time by the board of county commissioners of any county 
        containing territory of the district, from appropriations made 
        by the county board in accordance with section 376.08.  Money 
        appropriated by the board of county commissioners to acquire or 
        improve facilities of the hospital district may be transferred 
        in the discretion of the hospital board to a sinking fund for 
        bonds issued for that purpose.  The hospital board may agree to 
        repay to the county any sums appropriated by the board of county 
        commissioners for this purpose, out of the net revenues to be 
        derived from operation of its facilities, and subject to the 
        terms agreed on. 
           Sec. 3.  Minnesota Statutes 1996, section 447.45, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POWERS OVER SPECIAL FACILITIES.] (a) With 
        respect to facilities for the care, treatment, and training of 
        persons with mental retardation or related conditions, and 
        facilities attached or related to a nursing home providing 
        supportive services to elderly persons who are not yet in need 
        of nursing home care, including congregate housing, adult day 
        care and respite care services, a county or city may exercise 
        the powers in sections 447.45 to 447.50 as if these facilities 
        were hospital or nursing home facilities within the meaning of 
        sections 447.45 to 447.50.  "County or city" includes cities of 
        the first class and counties containing them.  "Related 
        conditions" is defined in section 252.27, subdivision 1a. 
           (b) With respect to facilities attached or related to a 
        nursing home providing supportive services to elderly persons 
        who are not yet in need of nursing home care, including 
        congregate housing, adult day care, and respite care services, a 
        hospital district may exercise the powers in sections 447.45 to 
        447.50 as if these facilities were hospital or nursing home 
        facilities within the meaning of sections 447.45 to 447.50. 
           Sec. 4.  [STUDY OF ASSISTED LIVING FINANCING.] 
           The commissioners of health and human services, in 
        cooperation with the commissioner of the housing finance agency, 
        shall study and report to the legislature by January 15, 1998, 
        on options for public and private financing of the construction 
        of low- and moderate-income assisted living housing for senior 
        citizens throughout the state. 
           Presented to the governor May 2, 1997 
           Signed by the governor May 6, 1997, 11:25 a.m.