1999 Legislation
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HOUSE BILL NO. 88 – Idaho dist bd/Health, member/duties

HOUSE BILL NO. 88

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Daily Data Tracking History



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

Bill Text


H0088


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 ,
 5      and  a 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 district  account
41      fund  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.    REGULATIONS    RULES  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 rescind  regulations,  rules
25    and standards as it deems necessary to carry out the purposes  and  provisions
26    of this act.
27        (2)  Every  rule , regulation  or 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 , regulations  and
31    standards are transmitted to the director  of    the    legislative
32     council   services , 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 ,      or
37    regulations,    disapprove of the adoption of the rules  or regula-
38    tions  if, on the advice of the attorney general, such rules    and
39    regulations  would 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 DISTRICT  ACCOUNT   FUND  --
50    ESTABLISHMENT -- DIVISIONS -- FISCAL OFFICER --  EXPENDITURES.  (1)  There  is
51    hereby  authorized  and  established  in  the  state  treasury a special 


                                          4

 1    account   fund  to be known as  the  public  health  district
 2      account   fund  for which the state treasurer shall be
 3    custodian. Within the public health district  account     fund
 4      there shall be seven (7) divisions ,   or subaccounts,
 5     one (1) for each of the seven (7) public health districts.  Each  divi-
 6    sion  within  the    account     fund  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 the  account   fund
 9     unless authorized by the district board of health or  their 
10     its  authorized agent.
11        (2)  The procedure for the deposit and expenditure of moneys from the pub-
12    lic health district  account   fund  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 district  account   fund .
16        (3)  Claims  against  the  divisions  of the health district  account
17      fund  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    in    August   June  of each year the preliminary budget
27    for the public health district and the estimated cost  of   to
28     each county, as determined by the provisions of section  39-424,  Idaho
29    Code.
30        On or before the first Monday in  September   July ,
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 in  October   July   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 .  )   Seventy  per cent 
 4     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 certified  to each county and  to each health dis-
14    trict by not later than April 1.
15         ( 2 .  )   Thirty  per cent  
16      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    seven  per cent   percent  (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  trust    account    fund  on or


                                          6

 1        before July 15; and
 2         b.  (c)    The  remaining  one-half  (1/2)  of  the
 3        amount  appropriated  shall  be  remitted to the public health trust 
 4        account   fund  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 / Fiscal Impact


                       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