ID Code § 39-414 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 4 - PUBLIC HEALTH DISTRICTS|Section 39-414 - POWERS AND DUTIES OF DISTRICT BOARD.

39-414. POWERS AND DUTIES OF DISTRICT BOARD. [EFFECTIVE UNTIL MARCH 1, 2022] The district board of health shall have and may exercise the following powers and duties: (1) To administer and enforce all state and district health laws, regulations, and standards. (2) To do all things required for the preservation and protection of the public health and preventive health and such other things delegated by the director of the state department of health and welfare or the director of the department of environmental quality, and this shall be authority for the director(s) to so delegate. An order of a district board of health will take effect immediately. However, notwithstanding the provisions of this subsection, if an order applies to all persons in a county or a public health district, the board of county commissioners within each affected county, after consulting with the district board of health, will determine by resolution whether or not to approve the order within county limits within seven (7) days of the date of the order. If the board of county commissioners approves the order, then the order will take effect immediately for a period of thirty (30) days. Thereafter, the order may be extended, amended, or modified and reimposed for thirty (30) day periods, subject to approval by the board of county commissioners. (3) To determine the location of its main office and to determine the location, if any, of branch offices. (4) To enter into contracts with any other governmental or public agency whereby the district board agrees to render services to or for such agency in exchange for a charge reasonably calculated to cover the cost of rendering such service. This authority is to be limited to services voluntarily rendered and voluntarily received and shall not apply to services required by statute, rule, and regulations, or standards promulgated pursuant to this chapter or chapter 1, title 39, Idaho Code. (5) To deposit all moneys or payment received or collected by gift, grant, devise, or any other way to the respective division or subaccount of the public health district in the public health district fund authorized by section 39-422, Idaho Code. (6) To establish a fiscal control policy required by the state controller. (7) To cooperate with the state board of health and welfare, the department of health and welfare, the board of environmental quality and the department of environmental quality. (8) To enter into contracts with other governmental agencies, and this chapter hereby authorizes such other agencies to enter into contracts with the health district, as may be deemed necessary to fulfill the duties imposed upon the district in providing for the health of the citizens within the district. (9) To purchase, exchange or sell real property and construct, rent, or lease such buildings as may be required for the accomplishment of the duties imposed upon the district and to further obtain such other personal property as may be necessary to its functions. (10) To accept, receive and utilize any gifts, grants, or funds and personal and real property that may be donated to it for the fulfillment of the purposes outlined in this chapter. (11) To establish a charge whereby the board agrees to render services to or for entities other than governmental or public agencies for an amount reasonably calculated to cover the cost of rendering such service. (12) To enter into a lease of real or personal property as lessor or lessee, or other transaction, with the Idaho health facilities authority for a term not to exceed ninety-nine (99) years upon a determination by the district board that the real or personal property to be leased is necessary for the purposes of the district, and to pledge nontax revenues of the district to secure the district’s obligations under such leases. For the purposes of this chapter, a public health district is not a subdivision of the state and shall be considered an independent body corporate and politic pursuant to section 1, article VIII, of the constitution of the state of Idaho, and is not authorized hereby to levy taxes nor to obligate the state of Idaho concerning such financing. (13) To administer and certify solid waste disposal site operations, closure, and post-closure procedures established by statute or regulation in accordance with provisions of chapter 74, title 39, Idaho Code, in a manner equivalent to the site certification process set forth in section 39-7408, Idaho Code. (14) To select a board member to serve as trustee on the board of trustees of the Idaho district boards of health.  39-414. POWERS AND DUTIES OF DISTRICT BOARD. [EFFECTIVE MARCH 1, 2022] The district board of health shall have and may exercise the following powers and duties: (1) To administer and enforce all state and district health laws, regulations, and standards. (2) To do all things required for the preservation and protection of the public health and preventive health and to enter into agreements with the director of the state department of health and welfare or the director of the department of environmental quality to provide services or do such other things as specified in the agreement. An agreement entered pursuant to this subsection may be between either such director and one (1) district or multiple districts. An order of a district board of health will take effect immediately. However, notwithstanding the provisions of this subsection, if an order applies to all persons in a county or a public health district, the board of county commissioners within each affected county, after consulting with the district board of health, will determine by resolution whether or not to approve the order within county limits within seven (7) days of the date of the order. If the board of county commissioners approves the order, then the order will take effect immediately for a period of thirty (30) days. Thereafter, the order may be extended, amended, or modified and reimposed for thirty (30) day periods, subject to approval by the board of county commissioners. [,] (3) To determine the location of its main office and to determine the location, if any, of branch offices. (4) To enter into contracts with any other governmental or public agency whereby the district board agrees to render services to or for such agency in exchange for a charge reasonably calculated to cover the cost of rendering such service. This authority is to be limited to services voluntarily rendered and voluntarily received and shall not apply to services required by statute, rule, and regulations, or standards promulgated pursuant to this chapter or chapter 1, title 39, Idaho Code. (5) To deposit all moneys or payment received or collected by gift, grant, devise, or any other way to the respective division or subaccount of the public health district in the public health district fund authorized by section 39-422, Idaho Code. (6) To establish a fiscal control policy. (7) To cooperate with the state board of health and welfare, the department of health and welfare, the board of environmental quality and the department of environmental quality. (8) To enter into contracts with other governmental agencies, and this chapter hereby authorizes such other agencies to enter into contracts with the health district, as may be deemed necessary to fulfill the duties imposed upon the district in providing for the health of the citizens within the district. (9) To purchase, exchange or sell real property and construct, rent, or lease such buildings as may be required for the accomplishment of the duties imposed upon the district and to further obtain such other personal property as may be necessary to its functions. (10) To accept, receive and utilize any gifts, grants, or funds and personal and real property that may be donated to it for the fulfillment of the purposes outlined in this chapter. (11) To establish a charge whereby the board agrees to render services to or for entities other than governmental or public agencies for an amount reasonably calculated to cover the cost of rendering such service. (12) To enter into a lease of real or personal property as lessor or lessee, or other transaction, with the Idaho health facilities authority for a term not to exceed ninety-nine (99) years upon a determination by the district board that the real or personal property to be leased is necessary for the purposes of the district, and to pledge nontax revenues of the district to secure the district’s obligations under such leases. For the purposes of this chapter, a public health district is not a subdivision of the state and shall be considered an independent body corporate and politic pursuant to section 1, article VIII, of the constitution of the state of Idaho, and is not authorized hereby to levy taxes nor to obligate the state of Idaho concerning such financing. (13) To administer and certify solid waste disposal site operations, closure, and post-closure procedures established by statute or regulation in accordance with provisions of chapter 74, title 39, Idaho Code, in a manner equivalent to the site certification process set forth in section 39-7408, Idaho Code. (14) To select a board member to serve as trustee on the board of trustees of the Idaho district boards of health.  History: [39-414, added 1970, ch. 90, sec. 14, p. 218; am. 1973, ch. 29, sec. 6, p. 56; am. 1974, ch. 23, sec. 71, p. 633; am. 1976, ch. 51, sec. 9, p. 176; am. 1976, ch. 179, sec. 3, p. 644; am. 1980, ch. 118, sec. 1, p. 257; am. 1982, ch. 133, sec. 2, p. 381; am. 1986, ch. 63, sec. 5, p. 182; am. 1988, ch. 213, sec. 1, p. 403; am. 1992, ch. 331, sec. 3, p. 996; am. 1993, ch. 139, sec. 23, p. 370; am. 1994, ch. 180, sec. 72, p. 474; am. 1999, ch. 61, sec. 2, p. 159; am. 2000, ch. 132, sec. 33, p. 342; am. 2008, ch. 231, sec. 1, p. 702; am. 2021, ch. 90, sec. 1, p. 317; am. 2021, ch. 336, sec. 5, p. 1023.]