TITLE 39

HEALTH AND SAFETY

CHAPTER 4

PUBLIC HEALTH DISTRICTS

39-401.  Legislative intent. (1) The various health districts, as provided for in this chapter, are not:

(a)  A single department of state government unto themselves;

(b)  A part of any of the twenty (20) departments of state government authorized by section 20, article IV, Idaho constitution;

(c)  A part of the departments prescribed in section 67-2402, Idaho Code; or

(d)  A department or an agency of county government.

(2)  It is legislative intent that health districts operate and be recognized not as state or county agencies or departments but as governmental entities whose creation has been authorized by the state, much in the manner as other single-purpose districts. Pursuant to this intent, and because health districts are not state or county departments or agencies, health districts are exempt from the required participation in the services of the purchasing agent or employee liability coverage, as rendered by the department of administration. However, nothing shall prohibit the health districts from entering into contractual arrangements with the department of administration, or any other department of state government or an elected constitutional officer, for these or any other services.

(3)  It is legislative intent to affirm the provisions of section 39-413, Idaho Code, and to affirm the participation of the health districts in the public employee retirement system, pursuant to section 39-426, Idaho Code, chapter 13, title 59, Idaho Code, and section 67-5333, Idaho Code.

(4)  It is also legislative intent that the matters of location of deposit of health district funds, or the instruments or documents of payment from those funds, shall be construed as no more than items of convenience for the conduct of business and in no way reflect upon the nature or status of the health districts as entities of government.

(5)  This section merely affirms that health districts created under this chapter are not state or county agencies and in no way changes the character of those agencies as they existed prior to this act.

(6)  Public health districts will have the option to continue with agreements and service arrangements, including insurance arrangements, with state agencies that were effective prior to January 1, 2022, unless an agreement or service arrangement is expressly nullified by statute.

(7)  Notwithstanding any other provision of law, a public health district may elect to participate in the comprehensive liability plan authorized by section 6-919, Idaho Code. A public health district making such election shall be considered a state department for purposes of risk management pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat it as such. However, participation shall be subject to compliance with loss control policies adopted by the department of administration.

History:

[39-401, added 1976, ch. 179, sec. 1, p. 645; am. 1986, ch. 63, sec. 1, p. 180; am. 2021, ch. 336, sec. 2, p. 1021; am. 2022, ch. 222, sec. 1, p. 735.]