N.C. Gen. Stat. § 131A-1
Short title
Short title. This Article shall be known, and may be cited, as the "Health Care Facilities Finance Act." (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
North Carolina General Statutes Chapter 131A — Chapter 131A.
North Carolina · statute · N.C. Gen. Stat. ch. 131A · 32 active provisions
N.C. Gen. Stat. § 131A-2
Legislative findings
Legislative findings. It is hereby declared to be the policy of the State of North Carolina to promote the public health and welfare by providing means for financing, refinancing, acquiring, constructing, equipping and providing of health care facilities to serve the people of the State and to make accessible to them m…
N.C. Gen. Stat. § 131A-3
Definitions
Definitions. The following definitions apply in this Article: (1) Bonds or notes. - The revenue bonds or bond anticipation notes, respectively, authorized to be issued by the Commission under this Article. (2) Care for a term of years. - An agreement between an individual and a provider by which the individual pays a f…
N.C. Gen. Stat. § 131A-4
Additional powers
Additional powers. The Commission shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Article, including, but without limiting the generality of the foregoing, the power: (1) To make and execute contracts and agreements necessary or incidental to the exer…
N.C. Gen. Stat. § 131A-5
Criteria and requirements
Criteria and requirements. In undertaking any health care facilities pursuant to this Article, the Commission shall be guided by and shall observe the following criteria and requirements; provided that the determination of the Commission as to its compliance with such criteria and requirements shall be final and conclu…
N.C. Gen. Stat. § 131A-6
Additional powers of public agencies
Additional powers of public agencies. For the purposes of this Article, public agencies are authorized and empowered to enter into contracts and agreements, including loan agreements and agreements of sale or lease, with the Commission to facilitate the financing or refinancing, acquiring, constructing, equipping, prov…
N.C. Gen. Stat. § 131A-7
Procedural requirements
Procedural requirements. In addition to health care facilities initiated by the Commission, any public or nonprofit agency may submit to the Commission, and the Commission may consider, a proposal for financing health care facilities using such forms and following such instructions as may be prescribed by the Commissio…
N.C. Gen. Stat. § 131A-8
Operation of health care facilities; loan agreements; agreements of sale or lease; conveyance of interest in health care facilities
Operation of health care facilities; loan agreements; agreements of sale or lease; conveyance of interest in health care facilities. All health care facilities shall be operated to serve and benefit the public and there shall be no discrimination against any person based on race, creed, color or national origin. The Co…
N.C. Gen. Stat. § 131A-9
Construction contracts
Construction contracts. Contracts for the construction of any health care facilities on behalf of a public agency shall be awarded by the Commission in accordance with Article 8 of Chapter 143 of the General Statutes. If the Commission shall determine that the purposes of this Article will be more effectively served, t…
N.C. Gen. Stat. § 131A-10
Credit of State not pledged
Credit of State not pledged. Bonds or notes issued under the provisions of this Article shall not be secured by a pledge of the faith and credit of the State or of any political subdivision thereof or be deemed to create an indebtedness of the State, or of any such political subdivision thereof, requiring any voter app…
N.C. Gen. Stat. § 131A-11
Bonds and notes
Bonds and notes. The Commission is hereby authorized to provide for the issuance, at one time or from time to time, of bonds, or notes in anticipation of the issuance of bonds, of the Commission to carry out and effectuate its corporate purposes. The principal of and the interest on such bonds or notes shall be payable…
N.C. Gen. Stat. § 131A-12
Trust agreement or resolution
Trust agreement or resolution. In the discretion of the Commission any bonds or notes issued under the provisions of this Article may be secured by a trust agreement by and between the Commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the S…
N.C. Gen. Stat. § 131A-13
Revenues; pledges of revenues
Revenues; pledges of revenues. (a) The Commission is hereby authorized to fix and to collect fees, loan repayments, purchase price payments, rents and charges for the use of any health care facilities, and any part or section thereof, and to contract with any public or nonprofit agency for the use thereof. The Commissi…
N.C. Gen. Stat. § 131A-14
Trust funds
Trust funds. Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this Article, including, without limitation, fees, loan repayments, purchase price payments, rents, charges, insurance proceeds, condemnation awards and any other revenues and funds received in con…
N.C. Gen. Stat. § 131A-15
Remedies
Remedies. Any holder of bonds or notes issued under the provisions of this Article or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of such bonds or notes, except to the extent the rights herein given may be restricted by such trust agreement or resol…
N.C. Gen. Stat. § 131A-16
Negotiable instruments
Negotiable instruments. All bonds and interest coupons appertaining thereto issued under this Article are hereby made investment securities within the meaning of and for all the purposes of Article 8 of the Uniform Commercial Code as enacted in this State, whether or not they are of such form and character as to be inv…
N.C. Gen. Stat. § 131A-17
Bonds or notes eligible for investment
Bonds or notes eligible for investment. Bonds or notes issued under the provisions of this Article are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, admin…
N.C. Gen. Stat. § 131A-18
Refunding bonds or notes
Refunding bonds or notes. The Commission is hereby authorized to provide for the issuance of refunding bonds or notes for the purpose of refunding any bonds or notes then outstanding which shall have been issued under the provisions of this Article, including the payment of any redemption premium thereon and any intere…
N.C. Gen. Stat. § 131A-19
Annual report
Annual report. The Commission shall, promptly following the close of each fiscal year, submit an annual report of its activities under this Article for the preceding year to the Governor, the State Auditor, the Secretary of Health and Human Services, the General Assembly, and the Local Government Commission. The Commis…
N.C. Gen. Stat. § 131A-20
Officers not liable
Officers not liable. No member or officer of the Commission shall be subject to any personal liability or accountability by reason of his execution of any bonds or notes or the issuance thereof. (1975, c. 766, s. 1; 2019-240, s. 27.1(a); 2019-240, s. 27.1(a).)
N.C. Gen. Stat. § 131A-21
Tax exemption
Tax exemption. The exercise of the powers granted by this Article will be in all respects for the benefit of the people of the State and will promote their health and welfare. If bonds or notes are issued by the Commission to provide or improve a health care facility, then until the bonds or notes are retired, the faci…
N.C. Gen. Stat. § 131A-22
Conflict of interest
Conflict of interest. If any member, officer or employee of the Commission shall be interested either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly, in any contract with the Commission, such interest shall be disc…
N.C. Gen. Stat. § 131A-23
Additional method
Additional method. The foregoing sections of this Article shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now ex…
N.C. Gen. Stat. § 131A-24
Liberal construction
Liberal construction. This Article, being necessary for the health and welfare of the people of the State, shall be liberally construed to effect the purposes thereof. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
N.C. Gen. Stat. § 131A-25
Inconsistent laws inapplicable
Inconsistent laws inapplicable. Insofar as the provisions of this Article are inconsistent with the provisions of any general or special laws, or parts thereof, the provisions of this Article shall be controlling. (1975, c. 766, s. 1; 2019-240, s. 27.1(a), (b).)
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