All public hospital
districts organized under the provisions of this chapter shall
have power:
(1) To make a survey of existing hospital and other health
care facilities within and without such district.
(2) To construct, condemn and purchase, purchase, acquire,
lease, add to, maintain, operate, develop and regulate, sell and
convey all lands, property, property rights, equipment, hospital
and other health care facilities and systems for the maintenance
of hospitals, buildings, structures, and any and all other
facilities, and to exercise the right of eminent domain to
effectuate the foregoing purposes or for the acquisition and
damaging of the same or property of any kind appurtenant thereto,
and such right of eminent domain shall be exercised and
instituted pursuant to a resolution of the commission and
conducted in the same manner and by the same procedure as in or
may be provided by law for the exercise of the power of eminent
domain by incorporated cities and towns of the state of
Washington in the acquisition of property rights: PROVIDED, That
no public hospital district shall have the right of eminent
domain and the power of condemnation against any health care
facility.
(3) To lease existing hospital and other health care
facilities and equipment and/or other property used in connection
therewith, including ambulances, and to pay such rental therefor
as the commissioners shall deem proper; to provide hospital and
other health care services for residents of said district by
facilities located outside the boundaries of said district, by
contract or in any other manner said commissioners may deem
expedient or necessary under the existing conditions; and said
hospital district shall have the power to contract with other
communities, corporations, or individuals for the services
provided by said hospital district; and they may further receive
in said hospitals and other health care facilities and furnish
proper and adequate services to all persons not residents of said
district at such reasonable and fair compensation as may be
considered proper: PROVIDED, That it must at all times make
adequate provision for the needs of the district and residents of
said district shall have prior rights to the available hospital
and other health care facilities of said district, at rates set
by the district commissioners.
(4) For the purpose aforesaid, it shall be lawful for any
district so organized to take, condemn and purchase, lease, or
acquire, any and all property, and property rights, including
state and county lands, for any of the purposes aforesaid, and
any and all other facilities necessary or convenient, and in
connection with the construction, maintenance, and operation of
any such hospitals and other health care facilities, subject,
however, to the applicable limitations provided in subsection (2)
of this section.
(5) To contract indebtedness or borrow money for corporate
purposes on the credit of the corporation or the revenues of the
hospitals thereof, and the revenues of any other facilities or
services that the district is or hereafter may be authorized by
law to provide, and to issue and sell: (a) Revenue bonds,
revenue warrants, or other revenue obligations therefor payable
solely out of a special fund or funds into which the district may
pledge such amount of the revenues of the hospitals thereof, and
the revenues of any other facilities or services that the
district is or hereafter may be authorized by law to provide, to
pay the same as the commissioners of the district may determine,
such revenue bonds, warrants, or other obligations to be issued
and sold in the same manner and subject to the same provisions as
provided for the issuance of revenue bonds, warrants, or other
obligations by cities or towns under the Municipal Revenue Bond
Act, chapter 35.41 RCW, as may hereafter be amended; (b) general
obligation bonds therefor in the manner and form as provided in
RCW 70.44.110 and 70.44.130, as may hereafter be amended; or (c)
interest-bearing warrants to be drawn on a fund pending deposit
in such fund of money sufficient to redeem such warrants and to
be issued and paid in such manner and upon such terms and
conditions as the board of commissioners may deem to be in the
best interest of the district; and to assign or sell hospital
accounts receivable, and accounts receivable for the use of other
facilities or services that the district is or hereafter may be
authorized by law to provide, for collection with or without
recourse. General obligation bonds shall be issued and sold in
accordance with chapter 39.46 RCW. Revenue bonds, revenue
warrants, or other revenue obligations may be issued and sold in
accordance with chapter 39.46 RCW.
(6) To raise revenue by the levy of an annual tax on all
taxable property within such public hospital district not to
exceed fifty cents per thousand dollars of assessed value, and an
additional annual tax on all taxable property within such public
hospital district not to exceed twenty-five cents per thousand
dollars of assessed value, or such further amount as has been or
shall be authorized by a vote of the people. Although public
hospital districts are authorized to impose two separate regular
property tax levies, the levies shall be considered to be a
single levy for purposes of the limitation provided for in
chapter 84.55 RCW. Public hospital districts are authorized to
levy such a general tax in excess of their regular property taxes
when authorized so to do at a special election conducted in
accordance with and subject to all of the requirements of the
Constitution and the laws of the state of Washington now in force
or hereafter enacted governing the limitation of tax levies. The
said board of district commissioners is authorized and empowered
to call a special election for the purpose of submitting to the
qualified voters of the hospital district a proposition or
propositions to levy taxes in excess of its regular property
taxes. The superintendent shall prepare a proposed budget of the
contemplated financial transactions for the ensuing year and file
the same in the records of the commission on or before the first
day of November. Notice of the filing of said proposed budget
and the date and place of hearing on the same shall be published
for at least two consecutive weeks, at least one time each week,
in a newspaper printed and of general circulation in said county.
On or before the fifteenth day of November the commission shall
hold a public hearing on said proposed budget at which any
taxpayer may appear and be heard against the whole or any part of
the proposed budget. Upon the conclusion of said hearing, the
commission shall, by resolution, adopt the budget as finally
determined and fix the final amount of expenditures for the
ensuing year. Taxes levied by the commission shall be certified
to and collected by the proper county officer of the county in
which such public hospital district is located in the same manner
as is or may be provided by law for the certification and
collection of port district taxes. The commission is authorized,
prior to the receipt of taxes raised by levy, to borrow money or
issue warrants of the district in anticipation of the revenue to
be derived by such district from the levy of taxes for the
purpose of such district, and such warrants shall be redeemed
from the first money available from such taxes when collected,
and such warrants shall not exceed the anticipated revenues of
one year, and shall bear interest at a rate or rates as
authorized by the commission.
(7) To enter into any contract with the United States
government or any state, municipality, or other hospital
district, or any department of those governing bodies, for
carrying out any of the powers authorized by this chapter.
(8) To sue and be sued in any court of competent
jurisdiction: PROVIDED, That all suits against the public
hospital district shall be brought in the county in which the
public hospital district is located.
(9) To pay actual necessary travel expenses and living
expenses incurred while in travel status for (a) qualified
physicians or other health care practitioners who are candidates
for medical staff positions, and (b) other qualified persons who
are candidates for superintendent or other managerial and
technical positions, which expenses may include expenses incurred
by family members accompanying the candidate, when the district
finds that hospitals or other health care facilities owned and
operated by it are not adequately staffed and determines that
personal interviews with said candidates to be held in the
district are necessary or desirable for the adequate staffing of
said facilities.
(10) To employ superintendents, attorneys, and other
technical or professional assistants and all other employees; to
make all contracts useful or necessary to carry out the
provisions of this chapter, including, but not limited to, (a)
contracts with private or public institutions for employee
retirement programs, and (b) contracts with current or
prospective employees, physicians, or other health care
practitioners providing for the payment or reimbursement by the
public hospital district of health care training or education
expenses, including but not limited to debt obligations, incurred
by current or prospective employees, physicians, or other health
care practitioners in return for their agreement to provide
services beneficial to the public hospital district; to print and
publish information or literature; and to do all other things
necessary to carry out the provisions of this chapter.
[2003 c 125 § 1; 2001 c 76 § 1; 1997 c 3 § 206 (Referendum Bill No. 47, approved November 4, 1997); 1990 c 234 § 2; 1984 c 186 § 59; 1983 c 167 § 172; 1982 c 84 § 15; 1979 ex.s. c 155 § 1; 1979 ex.s. c 143 § 4; 1977 ex.s. c 211 § 1; 1974 ex.s. c 165 § 2; 1973 1st ex.s. c 195 § 83; 1971 ex.s. c 218 § 2; 1970 ex.s. c 56 § 85; 1969 ex.s. c 65 § 1; 1967 c 164 § 7; 1965 c 157 § 2; 1949 c 197 § 18; 1945 c 264 § 6; Rem. Supp. 1949 § 6090-35.]
NOTES:
Intent -- 1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application -- Severability -- Part headings not law -- Referral to electorate -- 1997 c 3: See notes following RCW 84.40.030.
Purpose -- 1984 c 186: See note following RCW 39.46.110.
Liberal construction -- Severability -- 1983 c 167: See RCW 39.46.010 and note following.
Severability -- 1979 ex.s. c 155: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 155 § 3.]
Severability -- 1979 ex.s. c 143: See note following RCW 70.44.200.
Severability -- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Purpose -- 1970 ex.s. c 56: See note following RCW 39.52.020.
Purpose -- Severability -- 1967 c 164: See notes following RCW 4.96.010.
Eminent domain
by cities: Chapter 8.12 RCW.
generally: State Constitution Art. 1 § 16.
Limitation on levies: State Constitution Art. 7 § 2; RCW 84.52.050.
Port districts, collection of taxes: RCW 53.36.020.
Tortious conduct of political subdivisions, municipal corporations and quasi-municipal corporations, liability for damages: Chapter 4.96 RCW.