CHAPTER 102 HOUSE BILL No. 2832 An Act concerning county hospitals; relating to hospital boards; amending K.S.A. 19-4605
and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 19-4605 is hereby amended to read as follows:
19-4605. (a) The commission shall provide for the management and con-
trol of any existing county hospital or any county hospital established
under this act by a board.

(b) The system for electing or appointing the board in effect on the
effective date of this act shall continue until the system is changed as
provided by referendum under subsection (d).

(c) Upon establishment of a county hospital under this act, the com-
mission, by resolution, shall provide for the establishment of a board and
shall provide either that the members be appointed by the commission
or that the members be elected by the qualified electors of the county
on a nonpartisan basis. If the commission determines that the board is to
be elected, the procedure for holding such election shall be determined
by the commission, by resolution. The laws applicable to the procedure,
manner and method provided for the election of county officers shall
apply to the election of members of the board. The commission shall fix
the number of board members and the terms of office for such members.
The board shall be composed of five, seven or nine members and terms
of office thereof shall be for not less than two years and not more than
four years. Members of the board shall be residents of the county in which
the hospital is located.

(d) (1) The commission, upon being presented with a petition signed
by not less than 5% of the qualified electors of the county equal in number
to not less than 5% of the electors of the county who voted for the office
of the secretary of state in the last preceding election requesting the man-
ner of selection of the board be changed, shall adopt a resolution provid-
ing for the change. The question of changing the method of selection
shall be submitted to a vote of the qualified electors of the county at a
regular county primary or county general election or, if no regular county
election is to be held within six months from the date of adoption of the
resolution, at a special election called for the purpose of submitting such
question. The resolution shall not be effective until a majority of the
qualified electors voting on the question at such election vote in favor of
the question. Such question shall not be submitted to the electors of the
county at any election more than once in any one year.

(2) The commission may adopt a resolution changing the manner of
selection of the board. Such resolution providing for the change shall be
published at least once each week for two consecutive weeks in the official
county newspaper. If within 30 days following the last publication of such
resolution, a petition against such resolution signed by qualified electors
of the county equal in number to not less than 5% of the electors of the
county who voted for the office of the secretary of state in the last pre-
ceding election is filed with the county election officer, such resolution
shall not be effective until submitted to and approved by a majority of the
qualified electors of the county voting at an election called and held
thereon. The question of changing the method of selection shall be sub-
mitted to a vote of the qualified electors of the county at a regular county
primary or county general election or, if no regular county election is to
be held within six months from the date of adoption of the resolution, at
a special election called for the purpose of submitting such question. Such
question shall not be submitted to the electors of the county at any election
more than once in any year.

(e) Members serving on a board on July 1, 1986, shall continue to
serve until expiration of their respective terms and their successors shall
be selected for terms fixed by resolution of the commission in accordance
with the provisions of subsection (c) and this subsection (e). Members
selected appointed to serve on the an appointed board of any county
hospital shall be selected appointed for staggered terms so that: (1) Not
all terms of office of such members expire at the same time; and (2) a
majority of the members of the board are not selected at the same time;
and (2) a majority of the members of the board are not appointed at the
same time. Members elected to serve on an elected board of any county
hospital shall be elected for staggered terms so that not all terms of office
of such members expire at the same time.

(f) Subject to the provisions of subsection (c), the commission, by
resolution, may modify the number of members to serve on the board.
Whenever the number of members of a board is increased by resolution
of modified by the commission, the commission shall provide for the
expiration of the terms of the members, appointed or elected to the new
positions on the board to coincide with the expiration of the terms of the
members serving on the board at the time of the creation of the new
positions so that a majority of the, so that not all members of the board
are not selected at the same time. When complying with the requirements
of this subsection, the commission may extend or shorten the length of a
term of an existing member for a period not to exceed one year from the
date such member's term otherwise would expire.

(g) The commission may adopt a resolution changing the terms of
office of some or all members of an elected board so that the members of
the board are elected in even-numbered years. When making the change
under this subsection, the commission may extend or shorten the length
of a term of an existing member of an elected board for a period not to
exceed one year from the date such member's term otherwise would ex-
pire. The resolution providing for the change shall be published at least
once each week for two consecutive weeks in the official county newspa-
per. If within 30 days following the last publication of such resolution, a
petition against such resolution signed by qualified electors of the county
equal in number to not less than 5% of the electors of the county who
voted for the office of the secretary of state in the last preceding election
is filed with the county election officer, such resolution shall not be effec-
tive until submitted to and approved by a majority of the qualified electors
of the county voting at an election called and held thereon. The question
of changing the terms of office of some or all members of an elected board
so that the members of the board are elected in even-numbered years shall
be submitted to a vote of the qualified electors of the county at a regular
county primary or county general election or, if no regular county election
is to be held within six months from the date of adoption of the resolution,
at a special election called for the purpose of submitting such question.
Such question shall not be submitted to the electors of the county at any
election more than once in any year.

(g) (h) Vacancies in the membership of the board shall be filled by
appointment by the commission or, in the case of an elected board, the
board. Any member appointed to fill a vacancy shall hold office until
expiration of the term of the vacated office.

(h) (i) Members of the board are subject to removal from office in
the manner and for the causes prescribed by law for other county officers.

Sec. 2. K.S.A. 19-4605 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1998

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