House Substitute for SENATE BILL No. 42
AN ACT concerning hospitals; relating to the hospital provider assessment; exempting rural
emergency hospitals from such assessment; relating to the qualifications of hospital
board members; requiring that a member be a qualified elector of the county where the
hospital is located or a qualified elector of an adjacent county and owner of real property
in the hospital taxing district and a majority of members be residents of the county
where the hospital is located; amending K.S.A. 65-6209 and 80-2506 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-6209 is hereby amended to read as follows: 65-
6209. (a) A hospital provider that is a state agency, the authority, as
defined in K.S.A. 76-3304, and amendments thereto, a state educational
institution, as defined in K.S.A. 76-711, and amendments thereto, or a
critical access hospital, as defined in K.S.A. 65-468, and amendments
thereto, or a rural emergency hospital licensed under the rural emergency
hospital act, K.S.A. 2022 Supp. 65-481 et seq., and amendments thereto,
is exempt from the assessment imposed by K.S.A. 65-6208, and
amendments thereto.
(b) A hospital operated by the department in the course of
performing its mental health or developmental disabilities functions is
exempt from the assessment imposed by K.S.A. 65-6208, and
amendments thereto.
Sec. 2. K.S.A. 80-2506 is hereby amended to read as follows: 80-
2506. (a) Every hospital shall be governed by a board composed of
members who are qualified electors of the county where the hospital is
located or of any county adjacent to such county and, if such member is a
qualified elector of an adjacent county, such member shall own real
property located in the territory included in the taxing district of the
hospital. The board shall be composed of three, five, seven or nine
members. A majority of the members of the board shall be residents of the
county where the hospital is located. Whenever the number of members
of a board is increased, the expiration of the terms of the members
selected for the new positions on the board shall be fixed 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 not more than a simple
majority of the members of the board is selected at the same time.
(b) Upon presentation to the board of commissioners of the county in
which where the hospital district, or the greater portion of the territory
thereof, is located, of a petition requesting a change in the number of
board members signed by not less than 5% of the qualified electors of the
district, it shall be the duty of the board of county commissioners, at its
next regular meeting, to examine the petition. The petition shall set forth
the requested number of board members. If the board of county
commissioners finds that the petition is sufficient and regular and in due
form as is provided in this section, the board of county commissioners
shall direct the county election officer of the county to prepare ballots for
a special election, including ballots for that portion of the district located
in any other county. The county election officers of each county shall
present the question to the qualified voters of the district at the next
general election in the counties, and the board of county commissioners of
each county shall certify the results of the votes cast in the county to the
board of county canvassers in the county in which where the ballots were
prepared. The change in number shall become effective at the next
election for board members if a majority of the qualified electors voting
on the question vote in favor of the change in number of board members.
(c) Subject to the provisions of subsection (b) of K.S.A. 80-2508(b),
and amendments thereto, members of the board of every existing hospital
shall serve as members of such board for the terms for which they were
selected and until their successors are selected and qualified. Except as
provided by subsection (a)(4) of K.S.A. 80-2508(a)(4), and amendments H Sub for SENATE BILL No. 42—page 2
thereto, successors to such members shall be selected to serve for a
term of three years.
(d) Terms of members of the first board of any hospital established
under the provisions of this act shall be as provided for in subsection
(b) of K.S.A. 80-2504(b), and amendments thereto, and shall be
staggered so that terms of not more than a simple majority of the
members expire at the same time. Thereafter, except as provided by
subsection (a)(4) of K.S.A. 80-2508(a)(4), and amendments thereto,
upon the expiration of terms of members first selected, successors to
such members shall be selected to serve for terms of three years.
(e) Vacancies in the membership of a board occasioned by death,
removal, resignation or any reason other than expiration of a term shall
be filled for the unexpired term by appointment by the chairperson of
the board with the advice and consent of the remaining members of the
board.
Sec. 3. K.S.A. 65-6209 and 80-2506 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.