*96.229.
708 words·~3 min read·
/mo/chapter-96/96-229A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
*96.229. Charter hospitals, election to be governed by nonprofit corporation law, procedure. — 1. Notwithstanding subsection 5 of section 96.150 regarding the lease of substantially all of a hospital where the board of trustees is lessor, a city in which a hospital is located that:
(1)Is organized and operated under this chapter;
(2)Has not accepted appropriated funds from the city during the prior twenty years; and
(3)Is licensed by the department of health and senior services for two hundred beds or more pursuant to sections 197.010 to 197.120 ,
shall not have authority to sell, lease, or otherwise transfer all or substantially all of the property from a hospital organized under this chapter, both real and personal, except in accordance with this section.
2. Upon filing with the city clerk of a resolution adopted by no less than two-thirds of the incumbent members of the board of trustees to sell, lease, or otherwise transfer all or substantially all of the hospital property, both real and personal, for reasons specified in the resolution, the clerk shall present the resolution to the city council. If a majority of the incumbent members of the city council determine that sale, lease, or other transfer of the hospital property is desirable, the city council shall submit to the voters of the city the question in substantially the following form:
Shall the city council of ______, Missouri and the board of trustees of ______ Hospital be authorized to sell (or lease or otherwise transfer) the property, real and personal, of ______ Hospital as approved by, and in accordance with, the resolution of the board of trustees authorizing such sale (or lease or transfer)?
A majority of the votes cast on such question shall be required in order to approve and authorize such sale, lease or other transfer. If the question receives less than the required majority, then the city council and the board of trustees shall have no power to sell, lease or otherwise transfer the property, real and personal, of the hospital unless and until the city council has submitted another question to authorize such sale, lease or transfer authorized under this section and such question is approved by the required majority of the qualified voters voting thereon.
However, in no event shall a question under this section be submitted to the voters sooner than twelve months from the date of the last question under this section and after the adoption of another resolution by no less than two-thirds of the board of trustees and a subsequent vote by a majority of the city council to again submit the question to the voters.
3. Upon passage of such question by the voters, the board of trustees shall sell and dispose of such property, or lease or transfer such property, in the manner proposed by the board of trustees. The deed of the board of trustees, duly authorized by the board of trustees and duly acknowledged and recorded, shall be sufficient to convey to the purchaser all the rights, title, interest, and estate in the hospital property.
4. No sale, lease, or other transfer of such hospital property shall be authorized or effective unless such transaction provides sufficient proceeds to be available to be applied to the payment of all interest and principal of any outstanding valid indebtedness incurred for purchase of the site or construction of the hospital, or for any repairs, alterations, improvements, or additions thereto, or for operation of the hospital.
5. Assets donated to the hospital pursuant to section 96.210 shall be used to provide health care services in the city and in the geographic region previously served by the hospital, except as otherwise prescribed by the terms of the deed, gift, devise, or bequest.
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(L. 2013 H.B. 163 merged with H.B. 351 merged with H.B. 1035)
Effective 5-15-13 (H.B. 163); 7-02-13 (H.B. 351); 9-11-13 (H.B. 1035)
*H.B. 1035 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
*Revisor's Note: Article III, Sections 29 and 32 of the Missouri Constitution, and Sections 1.130 and 21.250, RSMo, do not specifically address the effective date of a section subject to an emergency clause which is overridden by the general assembly.