Bill Text: IA SF2290 | 2017-2018 | 87th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to boards of trustees for county and city hospitals. (Formerly SSB 3114.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-03-28 - Signed by Governor. S.J. 812. [SF2290 Detail]

Download: Iowa-2017-SF2290-Introduced.html

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Senate File 2290 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     3114)

                                      A BILL FOR

  1 An Act relating to boards of trustees for county and city
  2    hospitals.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  66.31  County and city hospital
  1  2 trustees.
  1  3    A county or city hospital board of trustees may include in
  1  4 their bylaws a process for removal of a trustee for which there
  1  5 is cause that would be grounds for an equitable action for
  1  6 removal in the district court. The process shall provide for a
  1  7 hearing on written charges filed with the board of trustees.
  1  8    Sec. 2.  Section 347.9, Code 2018, is amended to read as
  1  9 follows:
  1 10    347.9  Trustees == appointment == terms of office.
  1 11    1.  When it has been determined by the voters of a county
  1 12 to establish a county public hospital, the board shall appoint
  1 13 five or seven trustees chosen from among the resident citizens
  1 14 of the county with reference to their fitness for office, and
  1 15 not more than four of the trustees shall be residents of the
  1 16 city at which the hospital is located. The appointed trustees
  1 17 shall hold office until the following general election, at
  1 18 which time their successors shall be elected, two three for
  1 19 a term of two four years, two for four years, and three for
  1 20 six and the remainder for a term of two years, and they shall
  1 21 determine by lot their respective terms, and thereafter their
  1 22 successors shall be elected for regular terms of six four years
  1 23 each.
  1 24    2.  Upon approval of a majority of the current board of
  1 25 trustees, the board may reduce an existing seven=member board
  1 26 to a five=member board. The board shall establish how to
  1 27 reduce the number of trustees on the board and shall provide
  1 28 for a staggered election cycle for election to the five=member
  1 29 board, which election shall be for a term of four years.
  1 30 However, the manner of reducing the number of trustees shall
  1 31 ensure that the current trustees on the seven=member board may
  1 32 continue to hold office through the end of their respective
  1 33 terms.
  1 34    Sec. 3.  Section 347.10, Code 2018, is amended to read as
  1 35 follows:
  2  1    347.10  Vacancies.
  2  2    Vacancies on the board of trustees may, until the next
  2  3 general election, be filled by appointment by the remaining
  2  4 members of the board of trustees or, if fewer than four a
  2  5 majority of the trustees remain on the board, by the board of
  2  6 supervisors for the period until the vacancies are filled by
  2  7 election. An appointment made under this section shall be for
  2  8 the unexpired balance of the term of the preceding trustee. If
  2  9 a board member is absent for four consecutive regular board
  2 10 meetings, without prior excuse, or fails to comply with more
  2 11 stringent attendance requirements for regular board meetings
  2 12 included in the bylaws governing the board, the member's
  2 13 position shall be declared vacant and filled as set out in this
  2 14 section.
  2 15    Sec. 4.  Section 347.11, Code 2018, is amended to read as
  2 16 follows:
  2 17    347.11  Organization == meetings == quorum.
  2 18    Hospital trustees shall qualify by taking the usual oath of
  2 19 office as provided in chapter 63 and organize by the election
  2 20 of a chairperson, a secretary, and a treasurer. The secretary
  2 21 shall report to the county auditor and county treasurer the
  2 22 names of the chairperson, secretary, and treasurer of the
  2 23 board of hospital trustees as soon as practicable after the
  2 24 qualification of each. A board of hospital trustees shall
  2 25 meet as necessary to adequately oversee the operation of the
  2 26 hospital. Four A majority of the board of trustees shall
  2 27 constitute a quorum necessary for actions by the board of
  2 28 hospital trustees. The secretary shall maintain a complete
  2 29 record of board meetings, proceedings, and actions.
  2 30    Sec. 5.  Section 347.13, subsection 3, Code 2018, is amended
  2 31 to read as follows:
  2 32    3.  Adopt bylaws and rules for its own guidance and for the
  2 33 government of the hospital.  The bylaws may contain limits on
  2 34 the number of terms a trustee may serve on the board. 
  2 35    Sec. 6.  Section 347A.1, subsection 2, paragraph b, Code
  3  1 2018, is amended to read as follows:
  3  2    b.  The trustees shall hold office until the next succeeding
  3  3 election, at which time their successors shall be elected,
  3  4 two for a term of two years, two and three for a term of four
  3  5 years, and one for a term of six years, and thereafter their
  3  6 successors shall be elected for regular terms of six four years
  3  7 each. Vacancies on the board of trustees may be filled in the
  3  8 same manner as original appointments, to hold office until the
  3  9 vacancies are filled pursuant to section 69.12.  If a board
  3 10 member is absent for four consecutive regular board meetings,
  3 11 without prior excuse, or fails to comply with more stringent
  3 12 attendance requirements for regular board meetings included in
  3 13 the bylaws governing the board, the member's position shall be
  3 14 declared vacant and filled as set out in this paragraph.
  3 15    Sec. 7.  Section 392.6, subsection 3, paragraph b, Code 2018,
  3 16 is amended to read as follows:
  3 17    b.  Vacancies on the board of trustees may, until the next
  3 18 general or regular city election, be filled in the same manner
  3 19 as provided in section 347.10. An appointment made under this
  3 20 paragraph shall be for the unexpired balance of the term of
  3 21 the preceding trustee. If a board member is absent for four
  3 22 consecutive regular board meetings, without prior excuse, or
  3 23 fails to comply with more stringent attendance requirements
  3 24 for regular board meetings included in the bylaws governing
  3 25 the board, the member's position shall be declared vacant and
  3 26 filled as set out in this paragraph.
  3 27                           EXPLANATION
  3 28 The inclusion of this explanation does not constitute agreement with
  3 29 the explanation's substance by the members of the general assembly.
  3 30    This bill concerns city and county hospital boards of
  3 31 trustees.
  3 32    New Code section 66.31 allows a county or city hospital board
  3 33 of trustees to adopt bylaws to establish a process for the
  3 34 removal of a trustee for cause.
  3 35    Code section 347.9, concerning the number and appointment
  4  1 of county hospital board trustees, is amended to authorize the
  4  2 establishment of five or seven=member trustee boards and to
  4  3 provide for four=year terms of office.  Current law provides
  4  4 for only seven=member trustee boards and for a six=year term of
  4  5 office.  The bill establishes the process and initial terms of
  4  6 office for an initial five or seven=member trustee board, and
  4  7 provides for the ability to change a seven=member trustee board
  4  8 to a five=member trustee board.
  4  9    Code section 347.10, concerning vacancies, is amended to
  4 10 provide that the board of trustees may establish more stringent
  4 11 attendance requirements for regular board meetings that can
  4 12 result in a vacancy on the board.
  4 13    Code section 347.11, concerning quorum requirements, is
  4 14 amended to provide that a majority of the members of the board
  4 15 constitute a quorum.
  4 16    Code section 347.13, concerning board of trustee duties, is
  4 17 amended to provide that the board may include term limits for
  4 18 service on the board in the bylaws governing the board.
  4 19    Code section 347A.1, concerning certain county hospitals
  4 20 payable from revenue bonds, is amended to provide for
  4 21 four=year, and not six=year, terms of office.  The bill further
  4 22 provides that a vacancy on the board of trustees can occur
  4 23 if a member is absent for four consecutive regular board
  4 24 meetings without excuse, or fails to comply with more stringent
  4 25 attendance requirements for regular board meetings included in
  4 26 the bylaws governing the board.
  4 27    Code section 392.6, concerning city hospital or health care
  4 28 facility trustees, is amended to provide that the board of
  4 29 trustees may establish more stringent attendance requirements
  4 30 for regular board meetings that can result in a vacancy on the
  4 31 board.
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