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515 BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO PUBLIC HEALTH DISTRICTS;
515, As Amended in the Senate BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO PUBLIC HEALTH DISTRICTS;
AMENDING SECTION 39-401, IDAHO CODE, AS AMENDED BY SECTION 2, CHAPTER 336, LAWS OF 2021, TO REMOVE PROVISIONS REGARDING CERTAIN STATE EMPLOYEES AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 39-401, IDAHO CODE, AS AMENDED BY SECTION 2, CHAPTER 336, LAWS OF 2021, TO REMOVE PROVISIONS REGARDING CERTAIN STATE EMPLOYEES, TO PROVIDE THAT PUBLIC HEALTH DIS- TRICTS MAY ELECT TO PARTICIPATE IN A CERTAIN COMPREHENSIVE LIABILITY PLAN AND SHALL BE CONSIDERED A STATE DEPARTMENT FOR CERTAIN PURPOSES, AND TO MAKE TECHNICAL CORRECTIONS;
AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
AMENDING SECTION 39-422, IDAHO CODE, TO REVISE PROVISIONS REGARDING CLAIMS AGAINST THE DIVISIONS OF THE PUBLIC HEALTH DISTRICT FUND;
AND DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
(7) Notwithstanding any other provision of law, a public health dis- trict may elect to participate in the comprehensive liability plan autho - rized by section 6-919, Idaho Code.
A public health district making such election shall be considered a state department for purposes of risk man - agement pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat it as such.
However, participation shall be sub - ject to compliance with loss control policies adopted by the department of administration.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after March 1, 2022.
That Section 39-422, Idaho Code, be, and the same is hereby amended to read as follows:
39-422.
PUBLIC HEALTH DISTRICT FUND -- ESTABLISHMENT -- DIVISIONS -- FISCAL OFFICER -- EXPENDITURES.
(1) There is hereby authorized and estab- lished in the state treasury a special fund to be known as the public health district fund for which the state treasurer shall be custodian.
Within the public health district fund there shall be seven (7) divisions, one (1) for each of the seven (7) public health districts.
Each division within the fund will be under the exclusive control of its respective district board of health and no moneys shall be withdrawn from such division of the fund unless authorized by the district board of health or its authorized agent.
(2) The procedure for the deposit and expenditure of moneys from the public health district fund will be in accordance with procedures estab- lished between all district boards and the state controller.
All income and receipts received by the districts shall be deposited in the public health district fund.
(3) Claims Except for claims eligible for payment from the retained risk account established by section 67-5776, Idaho Code, claims against the divisions of the public health district fund are not claims against the state of Idaho.
Claims against an individual health district are limited to that district's division moneys and losses eligible for payment from the retained risk account established by section 67-5776, Idaho Code .
SECTION 3.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval, and retroactively to March 1, 2022.
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