CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2495
1992 Regular Session
Passed by the House March 7, 1992
Yeas 96 Nays 0
Speaker of the
House of Representatives
Passed by the Senate March 3, 1992
Yeas 45 Nays 0
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2495 as passed by the House of Representatives and the Senate on the dates hereon set forth.
President of the Senate
Approved Place Style On Codes above, and Style Off Codes below.
Governor of the State of Washington
Secretary of State
State of Washington
SUBSTITUTE HOUSE BILL 2495
AS AMENDED BY THE SENATE
Passed Legislature - 1992 Regular Session
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Local Government (originally sponsored by Representatives Rayburn, Moyer, Haugen, Sheldon, Paris and Wynne)
Read first time 02/07/92.
AN ACT Relating to cooperative activities by local governments; amending RCW 39.34.030, 39.34.040, 39.34.050, and 39.34.060; adding new sections to chapter 70.44 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that maintaining the viability of health care service delivery in rural areas of Washington is a primary goal of state health policy. The legislature also finds that most hospitals located in rural Washington are operated by public hospital districts authorized under chapter 70.44 RCW and declares that it is not cost-effective, practical, or desirable to provide quality health and hospital care services in rural areas on a competitive basis because of limited patient volume and geographic isolation. It is the intent of this act to foster the development of cooperative and collaborative arrangements among rural public hospital districts by specifically authorizing cooperative agreements and contracts for these entities under the interlocal cooperation act.
NEW SECTION. Sec. 2. A new section is added to chapter 70.44 RCW to read as follows:
Unless the context clearly requires otherwise, the definition in this section applies throughout section 3 of this act.
"Rural public hospital district" means a public hospital district authorized under chapter 70.44 RCW whose geographic boundaries do not include a city with a population greater than thirty thousand.
NEW SECTION. Sec. 3. A new section is added to chapter 70.44 RCW to read as follows:
In addition to other powers granted to public hospital districts by chapter 39.34 RCW, rural public hospital districts may enter into cooperative agreements and contracts with other rural public hospital districts in order to provide for the health care needs of the people served by the hospital districts. These agreements and contracts are specifically authorized to include:
(1) Allocation of health care services among the different facilities owned and operated by the districts;
(2) Combined purchases and allocations of medical equipment and technologies;
(3) Joint agreements and contracts for health care service delivery and payment with public and private entities; and
(4) Other cooperative arrangements consistent with the intent of chapter ---, Laws of 1992 (this act). The provisions of chapter 39.34 RCW shall apply to the development and implementation of the cooperative contracts and agreements.
Sec. 4. RCW 39.34.030 and 1990 c 33 s 568 are each amended to read as follows:
(1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a public agency.
(2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter: PROVIDED, That any such joint or cooperative action by public agencies which are educational service districts and/or school districts shall comply with the provisions of RCW 28A.320.080. Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
(3) Any such agreement shall specify the following:
(a) Its duration;
(b) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created. Such entity may include a nonprofit corporation organized pursuant to chapter 24.03 or 24.06 RCW whose membership is limited solely to the participating public agencies or a partnership organized pursuant to chapter 25.04 RCW whose partners are limited solely to participating public agencies and the funds of any such corporation or partnership shall be subject to audit in the manner provided by law for the auditing of public funds;
(c) Its purpose or purposes;
(d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(e) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(f) Any other necessary and proper matters.
(4) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to items (a), (c), (d), (e) and (f) enumerated in subdivision (3) hereof, contain the following:
(a) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented;
(b) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking. Any joint board is authorized to establish a special fund with a state, county, city, or district treasurer servicing an involved public agency designated "Operating fund of .......... joint board".
agreement made pursuant to this chapter shall relieve any public agency of any
obligation or responsibility imposed upon it by law except that to the extent
of actual and timely performance thereof by a joint board or other legal or
administrative entity created by an agreement made hereunder, ((
performance may be offered in satisfaction of the obligation or responsibility.
(6) Financing of joint projects by agreement shall be as provided by law.
Sec. 5. RCW 39.34.040 and 1967 c 239 s 5 are each amended to read as follows:
to its entry into force, an agreement made pursuant to this chapter shall be
filed with the ((
city clerk and)) county auditor and with the secretary
of state. In the event that an agreement entered into pursuant to this chapter
is between or among one or more public agencies of this state and one or more
public agencies of another state or of the United States (( said)) the
agreement shall have the status of an interstate compact, but in any case or
controversy involving performance or interpretation thereof or liability
thereunder, the public agencies party thereto shall be real parties in interest
and the state may maintain an action to recoup or otherwise make itself whole
for any damages or liability which it may incur by reason of being joined as a
party therein. Such action shall be maintainable against any public agency or
agencies whose default, failure of performance, or other conduct caused or contributed
to the incurring of damage or liability by the state.
Sec. 6. RCW 39.34.050 and 1967 c 239 s 6 are each amended to read as follows:
event that an agreement made pursuant to this chapter shall deal in whole or in
part with the provision of services or facilities with regard to which an
officer or agency of the state government has constitutional or statutory
powers of control, the agreement shall, as a condition precedent to its entry
into force, be submitted to the state officer or agency having such power of
and)). The agreement shall be approved or disapproved
by (( him or it as to all matters within his or its jurisdiction)) the
state officer or agency with regard to matters within his, her, or its
jurisdiction within ninety days after receipt of the agreement. If a state
officer or agency fails to act within the ninety-day time limit, the agreement
shall be deemed approved by that state officer or agency.
Sec. 7. RCW 39.34.060 and 1967 c 239 s 7 are each amended to read as follows:
public agency entering into an agreement pursuant to this chapter may
appropriate funds and may sell, lease, give, or otherwise supply property,
personnel, and services to the administrative joint board or other legal or
administrative entity created to operate the joint or cooperative undertaking
by providing such personnel or services therefor as may be within its
legal power to furnish)).