Authorizing Boone County Commission transfer title and interests in Boone Memorial Hospital
Senate Bill No. 232
(By Senator Stollings)
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[Introduced January 21, 2011; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL authorizing the county commission of Boone County to
transfer its title and interests in the Boone Memorial
Hospital, also known as the Boone County Memorial Hospital, to
the Boone Memorial Hospital, Incorporated, a West Virginia
private, nonprofit corporation for the continued public use of
providing needed health care in a cost-effective manner.
Be it enacted by the Legislature of West Virginia:
BOONE COUNTY COMMISSION.
§1. Boone County Commission authorized to transfer its title and
interests in the Boone Memorial Hospital.
The Boone County commission holds title to the assets of the
Boone County public hospital doing business as the Boone Memorial
Hospital, also known as the Boone County Memorial Hospital,
pursuant to section fourteen, article three, chapter seven of this code and desires to transfer its title to that hospital to the West
Virginia private, nonprofit corporation, the Boone Memorial
Hospital, Incorporated, formed by the board of trustees of Boone
Memorial Hospital so that the hospital may continue to provide
medical care and emergency medical services to the hospital's
service area in a cost-effective and efficient manner.
Notwithstanding section three, article three, chapter seven of this
code, as the disposition of these assets by public auction would be
impractical and potentially adverse to the interests of the
hospital's service area, the Boone County commission is authorized
and empowered to transfer all of its rights, titles and interests
to all of the assets, both tangible and intangible, real, personal
and mixed, wherever located, necessary to operate the hospital
doing business as the Boone Memorial Hospital, also known as the
Boone County Memorial Hospital, to the Boone Memorial Hospital,
Incorporated. These assets include, but are not limited to, those
certain parcels or tracts of land and hospital buildings thereon
used for the existing county public hospital situate in the city of
Madison for a fair and adequate consideration, either monetary or
nonmonetary, that may include public benefits that may accrue,
without considering, by itself alone, the fair market value of the
property and the parties agree to forego the necessity of a public
auction. The transfer of its rights, titles and interests is for
the express purpose of continuing to provide healthcare to the
public in Boone County. The conveyance of the real property by the Boone County commission shall contain a provision that the
ownership shall revert to the county commission should the property
cease to be used for the purposes set forth in this section for a
period of twelve months
: Provided, That this reversionary interest
may be modified at any time to the extent necessary to allow for
future financing of a new hospital in Boone County.
§2. Effective date.
This act shall be effective immediately upon being signed by
the Governor or becoming law without the Governor's signature.
NOTE: The purpose of this bill is to permit the county
commission of Boone County to transfer its title and interests in
the Boone Memorial Hospital, also known as the Boone County
Memorial Hospital, to the Boone Memorial Hospital, Incorporated, a
West Virginia private, nonprofit corporation for the continued
public use of providing needed health care in a cost-effective
manner.
