2008 Legislation
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SENATE BILL NO. 1384<br /> – Health dist bds, powers/duties


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Bill Status

S1384.................................................by HEALTH AND WELFARE
HEALTH DISTRICT BOARDS - Amends existing law  to revise the powers and
duties of district boards of health.

02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett
    Floor Sponsors - Lodge & McGee
    Title apvd - to House
02/22    House intro - 1st rdg - to Health/Wel
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Crane, Kren, Lake
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/13    To enrol - Rpt enrol - Pres signed
03/14    Sp signed
03/17    To Governor
03/20    Governor signed
         Session Law Chapter 231
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1384

                              BY HEALTH AND WELFARE COMMITTEE

  1                                        AN ACT

  4    Be It Enacted by the Legislature of the State of Idaho:

  5        SECTION  1.  That  Section  39-414, Idaho Code, be, and the same is hereby
  6    amended to read as follows:

  7        39-414.  POWERS AND DUTIES OF DISTRICT BOARD. The district board of health
  8    shall have and may exercise the following powers and duties:
  9        (1)  To administer and enforce all state and district health laws, regula-
 10    tions, and standards.
 11        (2)  To do all things required for the preservation and protection of  the
 12    public  health  and  preventive health, and such other things delegated by the
 13    director of the state department of health and welfare or the director of  the
 14    department  of  environmental  quality  and  this  shall  be authority for the
 15    director(s) to so delegate.
 16        (3)  To determine the location of its main office  and  to  determine  the
 17    location, if any, of branch offices.
 18        (4)  To  enter into contracts with any other governmental or public agency
 19    whereby the district board agrees to render services to or for such agency  in
 20    exchange  for  a  charge  reasonably calculated to cover the cost of rendering
 21    such service. This authority is to be limited to services voluntarily rendered
 22    and voluntarily received and shall not apply to services required by  statute,
 23    rule,  and regulations, or standards promulgated pursuant to this act or chap-
 24    ter 1, title 39, Idaho Code.
 25        (5)  All moneys or payment received or collected by gift,  grant,  devise,
 26    or  any  other way shall be deposited to the respective division or subaccount
 27    of the public health district in the public health district fund authorized by
 28    section 39-422, Idaho Code.
 29        (6)  To establish a fiscal control policy required by the  state  control-
 30    ler.
 31        (7)  To  cooperate with the state board of health and welfare, the depart-
 32    ment of health and welfare, the board of environmental quality and the depart-
 33    ment of environmental quality.
 34        (8)  To enter into contracts with other governmental  agencies,  and  this
 35    act  hereby  authorizes  such  other agencies to enter into contracts with the
 36    health district, as may be deemed necessary to fulfill the duties imposed upon
 37    the district in providing for the health of the citizens within the district.
 38        (9)  To purchase, exchange or sell real property and construct,  rent,  or
 39    lease  such  buildings as may be required for the accomplishment of the duties
 40    imposed upon the district and to further obtain such other  personal  property
 41    as may be necessary to its functions.
 42        (10) To  accept,  receive and utilize any gifts, grants, or funds and per-
 43    sonal and real property that may be donated to it for the fulfillment  of  the


  1    purposes outlined in this act.
  2        (11) To  establish a charge whereby the board agrees to render services to
  3    or for entities other than governmental or public agencies for an amount  rea-
  4    sonably calculated to cover the cost of rendering such service.
  5        (12) To  enter into a lease of real or personal property as lessor or les-
  6    see, or other transaction with the Idaho health  facilities  authority  for  a
  7    term not to exceed ninety-nine (99) years upon a determination by the district
  8    board  that  the  real or personal  property to be leased is necessary for the
  9    purposes of the district, and to pledge nontax revenues  of  the  district  to
 10    secure  the district's obligations under such leases. For the purposes of this
 11    chapter, a public health district is not a subdivision of the state and  shall
 12    be considered an independent body corporate and politic pursuant to section 1,
 13    article VIII, of the constitution of the state of Idaho, and is not authorized
 14    hereby  to  levy  taxes  nor  to  obligate  the state of Idaho concerning such
 15    financing.
 16        (13) To administer and certify solid waste disposal site operations,  clo-
 17    sure,  and  post  closure  procedures  established by statute or regulation in
 18    accordance with provisions of chapter 74, title 39, Idaho Code,  in  a  manner
 19    equivalent  to  the  site  certification process set forth in section 39-7408,
 20    Idaho Code.
 21        (14) To select a board member to serve as trustee on the board of trustees
 22    of the Idaho district boards of health.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                           RS 17813
  The purpose of this bill is to clarify that Public Health
  Districts are not political subdivisions of the state similar
  to counties or cities, but are rather independent public
  bodies similar to special purpose districts.  This is
  important for the reason that to the extent a Public Health
  District is interpreted to be a political subdivision, the
  ability to finance public health projects is jeopardized due
  to a recent Idaho Supreme Court interpretation of Article
  VIII, Section 3 of the Idaho Constitution.
                        FISCAL IMPACT
  There will be no impact on the general fund of the state
  as a result of this bill.
  CONTACT:  Michael J. Kane, Southwest District Health Department
            Phone: 342-4545
  STATEMENT OF PURPOSE/FISCAL NOTE                       S 1384