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H0088.................................................by HEALTH AND WELFARE
IDAHO DISTRICT BOARD OF HEALTH - Amends and adds to existing law to provide
that each year a district board shall select a trustee to represent the
board as a member of the Board of Trustees of the Idaho District Boards of
Health; to provide for a district budget based on a fiscal year of July
through June; to provide that the state appropriation to the health
districts be divided based on the formula developed by the Board of
Trustees of the Idaho District Boards of Health; and to make housekeeping
changes.
01/21 House intro - 1st rdg - to printing
01/22 Rpt prt - to Health/Wel
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 62-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone,
(Taylor)Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams,
Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Chase, Crow, Hadley, Kendell, Moyle, Pischner,
Sali
Dist. 15, Seat A, Vacant
Floor Sponsor - Hansen(23)
Title apvd - to Senate
02/16 Senate intro - 1st rdg - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 27-0-8
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
Parry, Thorne
Floor Sponsor - Wheeler
Title apvd - to House
03/05 To enrol
03/08 Rpt enrol - Sp signed - Pres signed
03/09 To Governor
03/15 Governor signed
Session Law Chapter 61
Effective: 07/01/99
H0088|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 88 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC HEALTH DISTRICTS; AMENDING SECTION 39-411, IDAHO CODE, TO 3 PROVIDE THAT EACH YEAR A DISTRICT BOARD SHALL SELECT A TRUSTEE TO REPRE- 4 SENT THE BOARD AS A MEMBER OF THE BOARD OF TRUSTEES OF THE IDAHO DISTRICT 5 BOARDS OF HEALTH AND TO PROVIDE THE AUTHORITY OF THE BOARD OF TRUSTEES OF 6 THE IDAHO DISTRICT BOARDS OF HEALTH; AMENDING SECTION 39-414, IDAHO CODE, 7 TO AUTHORIZE A DISTRICT BOARD TO SELECT A BOARD MEMBER TO SERVE ON THE 8 BOARD OF TRUSTEES OF THE IDAHO DISTRICT BOARDS OF HEALTH AND TO MAKE A 9 TECHNICAL CORRECTION; AMENDING SECTION 39-416, IDAHO CODE, TO PROVIDE 10 PROPER NOMENCLATURE AND DELETE OBSOLETE LANGUAGE; AMENDING SECTION 39-422, 11 IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE; AMENDING SECTION 39-423, IDAHO 12 CODE, TO PROVIDE FOR A DISTRICT BUDGET BASED ON A FISCAL YEAR OF JULY 13 THROUGH JUNE; AMENDING SECTION 39-424, IDAHO CODE, TO ELIMINATE THE 14 REQUIREMENT THAT THE DEPARTMENT OF COMMERCE CERTIFY COUNTY POPULATIONS TO 15 EACH COUNTY AS WELL AS TO EACH HEALTH DISTRICT, TO REQUIRE THAT THE STATE 16 TAX COMMISSION CERTIFY THE TAXABLE MARKET VALUE FOR EACH COUNTY TO THE 17 HEALTH DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 18 39-425, IDAHO CODE, TO PROVIDE THAT THE STATE APPROPRIATION TO THE HEALTH 19 DISTRICTS BE DIVIDED BASED ON THE FORMULA DEVELOPED BY THE BOARD OF 20 TRUSTEES OF THE IDAHO DISTRICT BOARDS OF HEALTH AND TO MAKE TECHNICAL COR- 21 RECTIONS. 22 Be It Enacted by the Legislature of the State of Idaho: 23 SECTION 1. That Section 39-411, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-411. COMPOSITION OF DISTRICT BOARD -- QUALIFICATIONS OF MEMBERS -- 26 APPOINTMENT AND REMOVAL -- TERMS -- TRUSTEE SELECTED FOR BOARD OF 27 TRUSTEES OF DISTRICT BOARDS OF HEALTH . For those districts comprised of 28 less than eight (8) counties, the district board of health shall consist of 29 seven (7) members to be appointed by the boards of county commissioners within 30 each district acting jointly, and each board of county commissioners may 31 appoint a board member. For those districts comprised of eight (8) counties, 32 the district board of health shall consist of eight (8) members and each board 33 of county commissioners may appoint a board member. Each member of the dis- 34 trict board of health shall be a citizen of the United States, a resident of 35 the state of Idaho and the public health district for one (1) year immediately 36 last past, and a qualified elector. One (1) member of the district board, if 37 available to serve, shall be a physician licensed by the Idaho state board of 38 medicine and no more than one (1) member shall be appointed from any profes- 39 sional or special interest group. All members shall be chosen with due regard 40 to their knowledge and interest in public health and in promoting the health 41 of the citizens of the state and the public health district. Representation 42 shall be assured from rural as well as urban population groups. All appoint- 43 ments to the district board shall be confirmed by a majority vote of all the 2 1 county commissioners of all the counties located within the public health dis- 2 trict. Any member of the district board may be removed by majority vote of all 3 the county commissioners of all the counties located within the district. The 4 members of the district board, each year, shall select a chairman , 5anda vice-chairman and a trustee. The trustee shall 6 represent the district board as a member of the board of trustees of the Idaho 7 district boards of health. The board of trustees of the Idaho district boards 8 of health shall have authority to allocate appropriations from the legislature 9 to the health districts. The board of trustees shall develop and administer a 10 formula for the allocation of legislative appropriations . 11 The members of the district board of health shall be appointed for the 12 purpose of organization as follows: One (1) member to be appointed for a term 13 of one (1) year, one (1) for two (2) years, one (1) for three (3) years, two 14 (2) for four (4) years and two (2) for five (5) years. Each succeeding vacancy 15 shall be filled by the boards of county commissioners within the district act- 16 ing jointly and with confirmation as herein described for a term of five (5) 17 years, subject to reappointment; and vacancies on the board for an unexpired 18 term shall be filled for the balance of the unexpired term. 19 SECTION 2. That Section 39-414, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-414. POWERS AND DUTIES OF DISTRICT BOARD. The district board of health 22 shall have and may exercise the following powers and duties: 23 (1) To administer and enforce all state and district health laws, regula- 24 tions, and standards. 25 (2) To do all things required for the preservation and protection of the 26 public health and preventive health, and such other things delegated by the 27 director of the state department of health and welfare and this shall be 28 authority for the director to so delegate. 29 (3) To determine the location of its main office and to determine the 30 location, if any, of branch offices. 31 (4) To enter into contracts with any other governmental or public agency 32 whereby the district board agrees to render services to or for such agency in 33 exchange for a charge reasonably calculated to cover the cost of rendering 34 such service. This authority is to be limited to services voluntarily rendered 35 and voluntarily received and shall not apply to services required by statute, 36 rule, and regulations, or standards promulgated pursuant to this act or chap- 37 ter 1, title 39, Idaho Code. 38 (5) All moneys or payment received or collected by gift, grant, devise, 39 or any other way shall be deposited to the respective division or subaccount 40 of the public health district in the public health districtaccount41fund authorized by section 39-422, Idaho Code. 42 (6) To establish a fiscal control policy required by the state control- 43 ler. 44 (7) To cooperate with the state board and the department of health and 45 welfare. 46 (8) To enter into contracts with other governmental agencies, and this 47 act hereby authorizes such other agencies to enter into contracts with the 48 health district, as may be deemed necessary to fulfill the duties imposed upon 49 the district in providing for the health of the citizens within the district. 50 (9) To purchase, exchange or sell real property and construct, rent, or 51 lease such buildings as may be required for the accomplishment of the duties 52 imposed upon the district and to further obtain such other personal property 53 as may be necessary to its functions. 3 1 (10) To accept, receive and utilize any gifts, grants, or funds and per- 2 sonal and real property that may be donated to it for the fulfillment of the 3 purposes outlined in this act. 4 (11) To establish a charge whereby the board agrees to render services to 5 or for entities other than governmental or public agencies for an amount rea- 6 sonably calculated to cover the cost of rendering such service. 7 (12) To enter into a lease of real or personal property as lessor or les- 8 see, or other transaction with the Idaho health facilities authority for a 9 term not to exceed ninety-nine (99) years upon a determination by the district 10 board that the real or personal property to be leased is necessary for the 11 purposes of the district, and to pledge nontax revenues of the district to 12 secure the district's obligations under such leases. 13 (13) To administer and certify solid waste disposal site operations, clo- 14 sure, and post closure procedures established by statute or regulation in 15 accordance with provisions of chapter 74, title 39, Idaho Code, in a manner 16 equivalent to the site certification process set forth in section 39-7408, 17 Idaho Code. 18 (14) To select a board member to serve as trustee on the board of 19 trustees of the Idaho district boards of health. 20 SECTION 3. That Section 39-416, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-416.REGULATIONSRULES ADOPTED BY DISTRICT 23 BOARD -- PROCEDURE. (1) The district board by the affirmative vote of a major- 24 ity of its members may adopt, amend or rescindregulations,rules 25 and standards as it deems necessary to carry out the purposes and provisions 26 of this act. 27 (2) Every rule, regulationor standard adopted, amended, or 28 rescinded by the district board shall be done in a manner conforming to the 29 provisions of chapter 52, title 67, Idaho Code. 30 (3) At the same time that proposed rules, regulationsand 31 standards are transmitted to the director ofthelegislative 32councilservices , they shall be submitted for review 33 and comment to the state board of health and welfare, and to the board of 34 county commissioners of each county within the public health district's juris- 35 diction. The state board of health and welfare shall, within seventy-five (75) 36 days of receipt of a district board's proposed rules ,or37regulations,disapprove of the adoption of the rulesor regula-38tionsif, on the advice of the attorney general, such rulesand39regulationswould be in conflict with state laws,or 40 rules .or regulations.The state board of 41 health and welfare shall immediately advise the district board as to the rea- 42 son for the disapproval. 43 (4) This section does not apply to measures adopted for the internal 44 operation of the district board or for federal programs where the regulations 45 are established by the federal government but shall apply to all measures 46 affecting the public at large or any identifiable segment thereof. 47 SECTION 4. That Section 39-422, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 39-422. PUBLIC HEALTH DISTRICTACCOUNTFUND -- 50 ESTABLISHMENT -- DIVISIONS -- FISCAL OFFICER -- EXPENDITURES. (1) There is 51 hereby authorized and established in the state treasury a special4 1accountfund to be known as the public health district 2accountfund for which the state treasurer shall be 3 custodian. Within the public health districtaccountfund 4 there shall be seven (7) divisions ,or subaccounts,5one (1) for each of the seven (7) public health districts. Each divi- 6 sion within theaccountfund will be under the 7 exclusive control of its respective district board of health and no moneys 8 shall be withdrawn from such division of theaccountfund 9 unless authorized by the district board of health ortheir10 its authorized agent. 11 (2) The procedure for the deposit and expenditure of moneys from the pub- 12 lic health districtaccountfund will be in accor- 13 dance with procedures established between all district boards and the state 14 controller. All income and receipts received by the districts shall be depos- 15 ited in the public health districtaccountfund . 16 (3) Claims against the divisions of the health districtaccount17fund are not claims against the state of Idaho. Claims 18 against an individual health district are limited to that district's division 19 moneys. 20 SECTION 5. That Section 39-423, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-423. BUDGET COMMITTEE OF PUBLIC HEALTH DISTRICT. The chairmen of the 23 boards of county commissioners located within the public health district are 24 hereby constituted as the budget committee of the public health district. 25 The district board will submit to the budget committee by the first Monday 26 inAugustJune of each year the preliminary budget 27 for the public health district and the estimated costofto 28 each county, as determined by the provisions of section 39-424, Idaho 29 Code. 30 On or before the first Monday inSeptemberJuly , 31 there will be held at a time and place determined by the budget committee a 32 budget committee meeting and public hearing upon the proposed budget of the 33 district. Notice of the budget committee meeting and public hearing shall be 34 posted at least ten (10) full days prior to the date of said meeting in at 35 least one (1) conspicuous place in each public health district to be deter- 36 mined by the district board of health. A copy of such notice shall also be 37 published in the official newspaper or a generally circulated newspaper of 38 each county of such public health district, in one (1) issue thereof, during 39 such ten (10) day period. The place, hour and day of such hearing shall be 40 specified in said notice, as well as the place where such budget may be exam- 41 ined prior to such hearing. A summary of such proposed budget shall be pub- 42 lished with and as a part of the publication of such notice of hearing in sub- 43 stantially the form required by section 31-1604, Idaho Code. 44 On or before the first Monday inOctoberJuly a 45 budget for the public health district shall be agreed upon and approved by a 46 majority of the budget committee. Such determination shall be binding upon all 47 counties within the district and the district itself. 48 SECTION 6. That Section 39-424, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 39-424. COST OF MAINTENANCE OF DISTRICT -- APPORTIONMENT TO MEMBER COUN- 51 TIES. The manner of apportioning the contributions of the counties as part of 5 1 the budget of the health district, created pursuant to section 39-423, Idaho 2 Code, shall be as follows: 3 ( 1.) Seventyper cent4 percent (70%) of the amount to be contributed by the counties 5 shall be apportioned among the various counties within the health district on 6 the basis of population. The proportion of the total population of each county 7 as compared to the total population of the health district shall be the pro- 8 portion by which such county shall share in the contribution of county funds 9 for the maintenance of the health district, pursuant to this subsection. The 10 population will be determined by the last general census when applicable. When 11 a general census number is not applicable, population shall be estimated for 12 each county by the state department of commerce and such estimated population 13 number shall be certifiedto each county andto each health dis- 14 trict by not later than April 1. 15 ( 2.) Thirtyper cent16 percent (30%) of the amount to be contributed by the counties 17 shall be apportioned among the counties within the district on the basis of 18 taxable market value for assessment purposes. The proportion of the total tax- 19 able market value for assessment purposes of each county as compared to the 20 total taxable market value for assessment purposes of the health district 21 shall be the proportion by which such county shall share in the contribution 22 of funds for the maintenance of the health district, pursuant to this subsec- 23 tion. Total taxable market value for assessment purposes shall mean the total 24 taxable market value for assessment purposes as computed by the county asses- 25 sor for the preceding full calendar year. Taxable market value for each 26 county shall be certified to the health districts by the state tax commission 27 for the preceding year. 28 SECTION 7. That Section 39-425, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 39-425. GENERAL STATE AID TO DISTRICTS -- PROCEDURES. (1) Every year, the 31 districts shall submit a request to the legislature for money to be used to 32 match funds contributed by the counties pursuant to section 31-862, Idaho 33 Code, for the maintenance and operation of district health departments. The 34 matching amount to be included in the request shall be a minimum of sixty- 35 sevenper centpercent (67%) of the amounts pledged 36 by each county, as adopted as part of the budget for the health districts dur- 37 ing the budget formulations, as provided for in section 39-423, Idaho Code. If 38 the determined amount of participation by a county would exceed the amount 39 which could be raised applying the maximum levy prescribed in section 31-862, 40 Idaho Code, that county's participation shall be reduced to the maximum amount 41 which can be raised thereby. 42 (2) The foregoing provision shall not limit the legislature from autho- 43 rizing or granting additional funds for selected projects in excess of the 44 percentage of participation of general aid granted all health districts. 45 (3) General state aid to the various health districts shall be made 46 available from state appropriations, and shall be distributed in the following 47 manner: 48 ( a.) The amount appropriated to the 49 health districts shall be divided based upon the formula developed and 50 administered by the board of trustees of the Idaho district boards of 51 health. 52 (b) One-half (1/2) of the amount appropriated shall be remitted to 53 the public health trustaccountfund on or 6 1 before July 15; and 2b.(c) The remaining one-half (1/2) of the 3 amount appropriated shall be remitted to the public health trust4accountfund on or before January 15. 5 (4) The liability of the state of Idaho to the public health districts 6 and the public health district fund and its divisions is limited to: 7 ( a.) The funds actually authorized 8 and granted to the various public health districts as provided in subsec- 9 tion (1) of this section; and 10 ( b.) The funds actually authorized 11 or granted to the various public health districts as provided for in sub- 12 section (2) of this section; and 13 ( c.) The funds due the various 14 health districts in payment of legally authorized contracts and agreements 15 entered into between the departments of the state of Idaho and the various 16 public health districts. 17 (5) If revenues to the state treasury are insufficient to fully meet 18 appropriations, and reductions in spending authority have been ordered pursu- 19 ant to law, the amount of moneys to match revenues contributed by the coun- 20 ties, pursuant to section 39-423, Idaho Code, which has been appropriated pur- 21 suant to this section, shall be reduced by the same percentage rate as other 22 general account appropriations.
STATEMENT OF PURPOSE
RS08678
This legislation was prepared at the request of the Joint Finance
and Appropriations Committee to reflect the current distribution
method beinq utilized by the Public Health Districts.
The legislation authorizes each district board to select a trustee
to represent the board as a member of the Board of Trustees of the
Idaho District Boards of Health. The Board of Trustees is charged
with development and administration of a formula for allocation of
state appropriations to the health districts. The bill also amends
budgeting provisions to reflect the districts' fiscal year of July
to June, provides for certification by the State Tax Commission of
the taxable market value for each county to the health districts,
and updates terminology.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact:
Wm. Bruce Arnell
(208) 522-0310
Director, District Seven
Health Department
or
Kathleen Bolley
(208) 327-8501
Director, Central District
Health Department
STATEMENT OF PURPOSE/FTSCAE NOTE H 88