LEGISLATURE OF THE STATE OF IDAHO Sixty-sixth Legislature Second Regular Session - 2022 Moved by Harris Seconded by Martin IN THE HOUSESENATE OFSENATE REPRESENTATIVESAMENDMENT HOUSETO BILLH.B. NO.

515,NO. As Amended in the Senate BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO PUBLIC HEALTH DISTRICTS;

AMENDING515 SECTIONAMENDMENT 39-401,TO IDAHO CODE, AS AMENDED BY SECTION 2,1 CHAPTEROn 336,page LAWS2 OFof 2021,the TOprinted REMOVEbill, PROVISIONSfollowing REGARDINGline CERTAIN4, STATEinsert: 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;

AMENDING"(7) SECTIONNotwithstanding 39-422,any IDAHOother CODE,provision TOof REVISElaw, PROVISIONSa REGARDINGpublic CLAIMShealth AGAINSTdis- THEtrict DIVISIONSmay OFelect THEto PUBLICparticipate HEALTHin DISTRICTthe FUND;comprehensive liability plan autho - rized by section 6-919, Idaho Code.

AND DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.

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

SECTION 1.

That Section 39-401, Idaho Code, as amended by Section 2, Chapter 336, Laws of 2021, be, and the same is hereby amended to read as fol- lows:

39-401.

LEGISLATIVE INTENT.

(1) The various health districts, as pro- vided 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 au- thorized 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 rec- ognized 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, requiring compliance with the state merit system, 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 chapter 53, title 67 section 67-5333, Idaho Code.

(4) It is also legislative intent that the matters of location of de- posit 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 char- acter 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 dis- trict may elect to participate in the comprehensive liability plan autho - rized by section 6-919, Idaho Code.

SECTION". 2.

AMENDMENT TO THE BILL On page 2, delete lines 5 through 7, and insert:

"SECTION 2.

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, 2022.2022.".

CORRECTION TO TITLE On page 1, in line 4, following "EMPLOYEES" insert:

", TO PROVIDE THAT PUBLIC HEALTH DISTRICTS MAY ELECT TO PARTICIPATE IN A CERTAIN COMPREHENSIVE LIABILITY PLAN AND SHALL BE CONSIDERED A STATE DEPARTMENT FOR CERTAIN PUR- POSES,";

also in line 4, following "CORRECTIONS;" insert:

"AMENDING SECTION 39-422, IDAHO CODE, TO REVISE PROVISIONS REGARDING CLAIMS AGAINST THE DIVI- SIONS OF THE PUBLIC HEALTH DISTRICT FUND;";

and in line 5, delete "AN EFFEC- TIVE DATE" and insert:

"RETROACTIVE APPLICATION".