HF 2380 (LSB 6065HV (1) 87)

HOUSE FILE 2380

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HSB 611)

A BILL FOR

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

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