Print Friendly SENATE BILL NO. 1384
– Health dist bds, powers/duties
SENATE BILL NO. 1384
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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
]]]] 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
2 RELATING TO PUBLIC HEALTH DISTRICT BOARDS; AMENDING SECTION 39-414, IDAHO
3 CODE, TO REVISE THE POWERS AND DUTIES OF DISTRICT BOARDS OF HEALTH.
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-
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
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
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE S 1384