Download Zipped Enrolled WP 9 HB0241.ZIP 26,493 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 241 Enrolled
This act modifies provisions related to Local Health Departments. The act removes the
requirement that municipalities join with counties to create and maintain local health
departments. The act requires county governments to create health departments to serve
incorporated and unincorporated areas. The act permits contiguous counties to form health
departments through interlocal agreements. The act amends provisions related to boards,
powers, and duties of local health departments. The act amends provisions related to the
costs of local health departments and the use of local health department funds. The act
makes technical and clarifying amendments. The act requires local health departments to
conform to new requirements by June 30, 2003.
This act affects sections of Utah Code Annotated 1953 as follows:
10-7-3, as last amended by Chapter 9, Laws of Utah 2001
17-50-313, as renumbered and amended by Chapter 133, Laws of Utah 2000
19-6-803, as last amended by Chapter 165, Laws of Utah 2001
26A-1-102, as last amended by Chapter 133, Laws of Utah 2000
26A-1-103, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-105, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-106, as last amended by Chapter 133, Laws of Utah 2000
26A-1-108, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-109, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-110, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-111, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-112, as last amended by Chapter 112 and renumbered and amended by Chapter 269,
Laws of Utah 1991
26A-1-113, as last amended by Chapter 112 and renumbered and amended by Chapter 269,
Laws of Utah 1991
26A-1-114, as last amended by Chapter 345, Laws of Utah 1998
26A-1-115, as last amended by Chapter 318, Laws of Utah 2000
26A-1-117, as last amended by Chapter 133, Laws of Utah 2000
26A-1-118, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-119, as last amended by Chapter 112 and renumbered and amended by Chapter 269,
Laws of Utah 1991
26A-1-120, as last amended by Chapter 38, Laws of Utah 1993
26A-1-121, as last amended by Chapter 112 and renumbered and amended by Chapter 269,
Laws of Utah 1991
26A-1-122, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-125, Utah Code Annotated 1953
26A-1-104, as renumbered and amended by Chapter 269, Laws of Utah 1991
26A-1-107, as enacted by Chapter 122 and renumbered and amended by Chapter 269, Laws
of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-7-3 is amended to read:
10-7-3. Joining with county to create and maintain local health department --
Adoption of ordinances and regulations required.
operating in the county in which the municipality is located. The municipality shall cooperate with
the board of health of the local health department in the adoption of ordinances necessary for the
protection of public health [
Section 2. Section 17-50-313 is amended to read:
17-50-313. Provisions for general health -- Creation of health department.
Each county shall:
(1) make provisions for the preservation of health in the county and pay the related expenses;
provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
Section 3. Section 19-6-803 is amended to read:
As used in this part:
(1) "Abandoned waste tire pile" means a waste tire pile regarding which the local department
of health has not been able to:
(a) locate the persons responsible for the tire pile; or
(b) cause the persons responsible for the tire pile to remove it.
(2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling,
storage, or disposal, but that serves as a replacement for another product or material for specific
(b) "Beneficial use" includes the use of chipped tires:
(i) as daily landfill cover;
(ii) for civil engineering purposes;
(iii) as low-density, light-weight aggregate fill; or
(iv) for septic or drain field construction.
(c) "Beneficial use" does not include the use of waste tires or material derived from waste
(i) in the construction of fences; or
(ii) as fill, other than low-density, light-weight aggregate fill.
(3) "Board" means the Solid and Hazardous Waste Control Board created under Section
(4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire.
(5) "Commission" means the Utah State Tax Commission.
(6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need, rather
than for resale.
(b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be rented
(7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise reduced
in size such that the particles are less than or equal to 3/8 inch in diameter and are 98% wire free by
(8) "Disposal" means the deposit, dumping, or permanent placement of any waste tire in or
on any land or in any water in the state.
(9) "Dispose of" means to deposit, dump, or permanently place any waste tire in or on any
land or in any water in the state.
(10) "Division" means the Division of Solid and Hazardous Waste created in Section
19-1-105 , within the Department of Environmental Quality.
(11) "Executive secretary" means the executive secretary of the Solid and Hazardous Waste
Control Board created in Section 19-1-106 .
(12) "Landfill waste tire pile" means a waste tire pile:
(a) located within the permitted boundary of a landfill operated by a governmental entity;
(b) consisting solely of waste tires brought to a landfill for disposal and diverted from the
landfill waste stream to the waste tire pile.
(13) "Local health department" means the [
(14) "Materials derived from waste tires" means tire sections, tire chips, tire shreddings,
rubber, steel, fabric, or other similar materials derived from waste tires.
(15) "Mobile facility" means a mobile facility capable of cutting waste tires on site so the
waste tires may be effectively disposed of by burial, such as in a landfill.
(16) "New motor vehicle" means a motor vehicle which has never been titled or registered.
(17) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25
pounds of whole tires or material derived from waste tires is equal to one waste tire.
(18) "Proceeds of the fee" means the money collected by the commission from payment of
the recycling fee including interest and penalties on delinquent payments.
(19) "Recycler" means a person who:
(a) annually uses, or can reasonably be expected within the next year to use, a minimum of
100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover
energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
(b) is registered as a recycler in accordance with Section 19-6-806 .
(20) "Recycling fee" means the fee provided for in Section 19-6-805 .
(21) "Shredded waste tires" means waste tires or material derived from waste tires that has
been reduced to a six inch square or smaller.
(22) (a) "Storage" means the placement of waste tires in a manner that does not constitute
disposal of the waste tires.
(b) "Storage" does not include:
(i) the use of waste tires as ballast to maintain covers on agricultural materials or to maintain
covers at a construction site; or
(ii) the storage for five or fewer days of waste tires or material derived from waste tires that
are to be recycled or applied to a beneficial use.
(23) (a) "Store" means to place waste tires in a manner that does not constitute disposal of
the waste tires.
(b) "Store" does not include:
(i) to use waste tires as ballast to maintain covers on agricultural materials or to maintain
covers at a construction site; or
(ii) to store for five or fewer days waste tires or material derived from waste tires that are
to be recycled or applied to a beneficial use.
(24) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a vehicle
in which a person or property is or may be transported or drawn upon a highway.
(25) "Tire retailer" means any person engaged in the business of selling new tires either as
replacement tires or as part of a new vehicle sale.
(26) "Trust fund" means the Waste Tire Recycling Expendable Trust Fund provided for in
Section 19-6-807 .
(27) (a) "Ultimate product" means a product that has as a component materials derived from
waste tires and that the executive secretary finds has a demonstrated market.
(b) "Ultimate product" includes pyrolized materials derived from:
(i) waste tires; or
(ii) chipped tires.
(c) "Ultimate product" does not include a product regarding which a waste tire remains after
the product is disposed of or disassembled.
(28) "Waste tire" means a tire that is no longer suitable for its original intended purpose
because of wear, damage, or defect.
(29) "Waste tire pile" means a pile of 1,000 or more waste tires at one location.
(30) (a) "Waste tire transporter" means a person or entity engaged in picking up or
transporting at one time more than ten whole waste tires, or the equivalent amount of material
derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal.
(b) "Waste tire transporter" includes any person engaged in the business of collecting,
hauling, or transporting waste tires or who performs these functions for another person, except as
provided in Subsection (30)(c).
(c) "Waste tire transporter" does not include:
(i) a person transporting waste tires generated solely by:
(A) that person's personal vehicles;
(B) a commercial vehicle fleet owned or operated by that person or that person's employer;
(C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or operated by
that person or that person's employer; or
(D) a retail tire business owned or operated by that person or that person's employer;
(ii) a solid waste collector operating under a license issued by a unit of local government as
defined in Section 63-51-2 , or a local health department;
(iii) a recycler of waste tires;
(iv) a person transporting tires by rail as a common carrier subject to federal regulation; or
(v) a person transporting processed or chipped tires.
Section 4. Section 26A-1-102 is amended to read:
As used in this part:
(1) "Board" means a local board of health established under Section 26A-1-109 .
county government [
provided for in Title 17, Chapter 52, Part 5, Forms of County Government.
serves a county and municipalities located within that county.
(5) "Local health department" means a [
department established under this part.
(6) "Multicounty local health department" means a local health department that serves two
or more contiguous counties and municipalities within those counties.
Section 5. Section 26A-1-103 is amended to read:
26A-1-103. County health departments.
The governing body of each county shall create and maintain a local health department which
includes and serves all incorporated and unincorporated areas in the county.
Section 6. Section 26A-1-105 is amended to read:
26A-1-105. Multicounty local health departments.
(1) Two or more contiguous counties may unite to create and maintain a local health
department by executing an agreement pursuant to the provisions of Title 11, Chapter 13, Interlocal
(2) Any municipalities within counties comprising a [
department shall be [
Section 7. Section 26A-1-106 is amended to read:
26A-1-106. Assistance in establishing local departments -- Monitoring and standards
of performance -- Responsibilities.
(1) (a) By request of [
establishment of a local health department [
(b) The department shall monitor the effort of the local health department to protect and
promote the health of the public.
(c) The department shall establish by rule minimum performance standards for basic
programs of public health administration, personal health, laboratory services, health resources, and
other preventive health programs not in conflict with state law as it finds necessary or desirable for
the protection of the public health.
(d) The department may by contract provide:
(i) funds to assist a local health department if local resources are inadequate; and [
(ii) assistance to achieve the purposes of this part.
(2) Regulations or standards relating to public health or environmental health services
adopted or established by a local health department may not be less restrictive than department rules.
(3) Local health departments are responsible within their boundaries for providing, directly
or indirectly, basic public health services that include:
(a) public health administration and support services;
(b) maternal and child health;
(c) communicable disease control, surveillance, and epidemiology;
(d) food protection;
(e) solid waste management;
(f) waste water management; and
(g) safe drinking water management.
(4) The Department of Environmental Quality shall establish by rule minimum performance
standards, including standards for inspection and enforcement, for basic programs of environmental
health, not inconsistent with law, as necessary or desirable for the protection of public health.
Section 8. Section 26A-1-108 is amended to read:
26A-1-108. Jurisdiction and duties of local departments.
A local health department has jurisdiction in all unincorporated and incorporated areas of the
county or counties in which it is established and shall enforce state health laws, Department of
Health, Department of Environmental Quality, and local health department rules, regulations, and
standards within those areas.
Section 9. Section 26A-1-109 is amended to read:
26A-1-109. Local boards of health -- Membership -- Organization -- Meetings.
(1) A local health department shall have a board of health with at least three members.
(a) (i) Board members shall be appointed pursuant to county ordinance or interlocal
agreement by the [
the local health department.
(ii) The board may include representatives from the municipalities included within the area
served by the local health department.
(b) The board shall be nonpartisan.
(c) An employee of the local health department may not be a board member.
(2) (a) As possible, of the initial board:
(b) All subsequent appointments shall be for terms of [
as possible, so [
Members appointed to fill vacancies shall hold office until expiration of the terms of their
(c) Board members may be removed by the appointing county for cause prior to the
expiration of the member's term. Any board member removed pursuant to this Subsection (2) may
request and receive a hearing before the county legislative body prior to the effective date of the
(3) (a) All members of the board shall reside within the boundaries of the area served by the
local health department.
(b) A majority of the members may not:
(i) be primarily engaged in providing health care to individuals or in the administration of
facilities or institutions in which health care is provided;
(ii) hold a fiduciary position or have a fiduciary interest in any entity involved in the
provision of health care; and
(iii) receive either directly or through a spouse more than [
gross income from any entity or activity relating to health care; and
(iv) be members of one type of business or profession.
(4) (a) The board shall at its organizational meeting elect from its members a chairman and
a vice chairman and secretary.
(b) The health officer of the local health department appointed pursuant to Section
26A-1-110 may serve as secretary to the board.
(5) (a) (i) Regular meetings of the board shall be held not less than once every three months.
(ii) Special meetings may be called by the chairman, the health officer, or a majority of the
members at any time on three days' notice by mail, or in case of emergency, as soon as possible after
the members of the board have been notified.
(b) A board may adopt and amend bylaws for the transaction of its business. A majority of
the board members constitute a quorum.
(c) Members serve without compensation, but shall be reimbursed for actual and necessary
traveling and subsistence expenses when absent from their place of residence in attendance at
(d) All meetings are presumed to have been called and held in accordance with this section
and all orders and proceedings are presumed to be authorized unless the contrary is proved.
(6) The board shall annually report the operations of the local health department and the
board to the local governing bodies [
by the local health department.
(7) The board shall annually send a copy of the local health department's approved budget
to the department and all local governing bodies [
counties served by the local health department. The report shall be submitted no later than 30 days
after the beginning of the local health department's fiscal year.
(8) The board shall determine the general public health policies to be followed in
administration of the local health department and may adopt and enforce public health rules,
regulations, and standards necessary to implement the board's public health policies. The board shall
adopt written procedures to carry out the provisions of this section.
Section 10. Section 26A-1-110 is amended to read:
26A-1-110. Local health officer -- Powers and duties -- Vacancy.
(1) The board shall appoint a local health officer and determine the officer's compensation[
(a) subject to ratification by the [
(b) as provided by:
(i) ordinance adopted by a county creating a county health department; or
(ii) the interlocal agreement pursuant to which a multicounty health department is created.
(a) have the qualifications of training and experience for that office equivalent to those
approved by the department for local health officers;
(b) be the administrative and executive officer of the local health department and devote full
time to the duties of the office;
(c) if provisions have been made with the department, act as the local registrar of vital
statistics within the local health department's boundaries without additional compensation or
payment of fees provided by law;
(d) (i) prior to the beginning of each fiscal year, prepare an annual budget approved by the
board and present it [
(A) to the county legislative body if the local health department is a county health
(B) to the entity designated in the interlocal agreement creating the local health department
if the local health department is a multicounty health department;
(ii) obtain final approval of the annual budget from the governing bodies designated in
Subsection (2)(d)(i)(A) or (B) after the governing body either:
(A) reviews and approves the budget; or
(B) amends and approves the budget; and
(e) prepare an annual report and provide it to the department and all [
financial audit required under Section 26A-1-115 , a description of the population served by the local
health department, and other information as requested [
counties creating the local health department.
office, the board shall appoint an acting health officer for a temporary period not to exceed one year.
The appointment shall be ratified by the county executive of the county or counties in the local health
Section 11. Section 26A-1-111 is amended to read:
26A-1-111. Removal of local health officer.
(1) The [
accordance with this section by:
(a) the board; or
(b) a majority of the counties in the local health department if the county executives rescind,
or withdraw, in writing the ratification of the local health officer.
(2) (a) A hearing shall be granted, if requested by the local health officer, prior to removal
of the local health officer.
(b) If a hearing is requested, it shall be conducted by a five-member panel with:
(i) two elected members from the county or counties in the local health department, selected
by the county executives;
(ii) two members of the board of the local health department who are not elected officials
of the counties in the local health department, selected by the board; and
(iii) one member selected by the members appointed under Subsections (2)(b)(i) and (ii),
however, the member appointed under this Subsection (iii) may not be an elected official of the
counties in the local health department and may not be a member of the board of the local health
(c) (i) The hearing panel shall report its decision regarding termination to the board and to
the counties in the local health department.
(ii) The counties and board receiving the report shall vote on whether to retain or terminate
the local health officer.
(iii) The health officer is terminated if:
(A) the board votes to terminate; or
(B) a majority of the counties in the local health department vote to terminate.
Section 12. Section 26A-1-112 is amended to read:
26A-1-112. Appointment of personnel.
(1) All local health department personnel shall be hired by the local health officer or his
designee in accordance with the merit system, personnel policies [
and compensation plans approved by the board and ratified pursuant to Subsection (2). The
personnel shall have qualifications for their positions equivalent to those approved for comparable
positions in the Departments of Health and Environmental Quality.
(2) The merit system, personnel policies, and compensation plans approved under
Subsection (1) must be ratified by all the counties participating in the local health department.
removed by the local health officer for cause. A hearing [
by the employee.
Section 13. Section 26A-1-113 is amended to read:
26A-1-113. Right of entry to regulated premises by representatives for inspection.
(1) Upon presenting proper identification, authorized representatives of local health
departments may enter upon the premises of properties regulated by local health departments to
perform routine inspections to insure compliance with rules, standards, regulations, and ordinances
as adopted by the Departments of Health and Environmental Quality, local boards of health, [
county or municipal governing bodies [
Occupational and Professional Licensing under Section 58-56-4 .
(2) Section 58-56-9 does not apply to health inspectors acting under this section.
(3) This section does not authorize local health departments to inspect private dwellings.
Section 14. Section 26A-1-114 is amended to read:
26A-1-114. Powers and duties of departments.
(1) A local health department may:
(a) subject to the provisions in Section 26A-1-108 , enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to public health and
sanitation, including the plumbing code adopted by the Division of Occupational and Professional
Licensing under Section 58-56-4 and under Title 26, Chapter 15a, Food Safety Manager Certification
Act, in all incorporated and unincorporated areas served by the local health department;
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical control
over property and over individuals as the local health department finds necessary for the protection
of the public health;
(c) establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d) establish and operate reasonable health programs or measures not in conflict with state
(i) are necessary or desirable for the promotion or protection of the public health and the
control of disease; or
(ii) may be necessary to ameliorate the major risk factors associated with the major causes
of injury, sickness, death, and disability in the state;
(e) close theaters, schools, and other public places and prohibit gatherings of people when
necessary to protect the public health;
(f) abate nuisances or eliminate sources of filth and infectious and communicable diseases
affecting the public health and bill the owner or other person in charge of the premises upon which
this nuisance occurs for the cost of abatement;
(g) make necessary sanitary and health investigations and inspections on its own initiative
or in cooperation with the Department of Health or Environmental Quality, or both, as to any matters
affecting the public health;
(h) pursuant to county ordinance or interlocal agreement:
(i) establish and collect appropriate fees for the performance of services and operation of
authorized or required programs and duties;
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
property, services, or materials for public health purposes; and
(iii) make agreements not in conflict with state law that are conditional to receiving a
donation or grant;
(i) prepare, publish, and disseminate information necessary to inform and advise the public
(i) the health and wellness of the population, specific hazards, and risk factors that may
adversely affect the health and wellness of the population; and
(ii) specific activities individuals and institutions can engage in to promote and protect the
health and wellness of the population;
(j) investigate the causes of morbidity and mortality;
(k) issue notices and orders necessary to carry out this part;
(l) conduct studies to identify injury problems, establish injury control systems, develop
standards for the correction and prevention of future occurrences, and provide public information
and instruction to special high risk groups;
(m) cooperate with boards created under Section 19-1-106 to enforce laws and rules within
the jurisdiction of the boards; and
(n) cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
victims of a sexual offense.
(2) The local health department shall:
(a) establish programs or measures to promote and protect the health and general wellness
of the people within the boundaries of the local health department;
(b) investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health which may include involuntary testing of convicted sexual
offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims of
sexual offenses for HIV infection pursuant to Section 76-5-503 ;
(c) cooperate with the department in matters pertaining to the public health and in the
administration of state health laws; and
(d) coordinate implementation of environmental programs to maximize efficient use of
resources by developing with the Department of Environmental Quality a Comprehensive
Environmental Service Delivery Plan that:
(i) recognizes that the Department of Environmental Quality and local health departments
are the foundation for providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department for the
efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in the
plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(3) The local health department has the following duties regarding public and private schools
within its boundaries:
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
persons attending public and private schools;
(b) exclude from school attendance any person, including teachers, who is suffering from
any communicable or infectious disease, whether acute or chronic, if the person is likely to convey
the disease to those in attendance;
(c) (i) make regular inspections of the health-related condition of all school buildings and
(ii) report the inspections on forms furnished by the department to those responsible for the
condition and provide instructions for correction of any conditions that impair or endanger the health
or life of those attending the schools; and
(iii) provide a copy of the report to the department at the time the report is made.
(4) If those responsible for the health-related condition of the school buildings and premises
do not carry out any instructions for corrections provided in a report in Subsection (3)(c), the local
health board shall cause the conditions to be corrected at the expense of the persons responsible.
(5) The local health department may exercise incidental authority as necessary to carry out
the provisions and purposes of this part.
Section 15. Section 26A-1-115 is amended to read:
26A-1-115. Apportionment of costs -- Contracts to provide services -- Percentage
match of state funds -- Audit.
(1) (a) The cost of establishing and maintaining a multicounty local health department may
be apportioned among the participating [
proportion to the total population of all [
local health department, or upon other bases agreeable to the participating counties [
(b) Costs of establishing and maintaining a county health department shall be a charge of the
county creating the local health department.
(c) Money available from fees, contracts, surpluses, grants, and donations may also be used
to establish and maintain local health departments.
by the Utah Population Estimates Committee.
(2) The cost of providing, equipping, and maintaining suitable offices and facilities for a
local health department is the responsibility of participating governing bodies.
(3) Local health departments that comply with all department rules and secure advance
approval of proposed service boundaries from the department may by contract receive funds under
Section 26A-1-116 from the department to provide specified public health services.
(4) Contract funds distributed under Subsection (3) shall be in accordance with Section
26A-1-116 and policies and procedures adopted by the department.
(5) Department rules shall require that contract funds be used for public health services and
not replace other funds used for local public health services.
(6) All state funds distributed by contract from the department to local health departments
for public health services shall be matched by those local health departments at a percentage
determined by the department in consultation with local health departments. Counties shall have no
legal obligation to match state funds at percentages in excess of those established by the department
and shall suffer no penalty or reduction in state funding for failing to exceed the required funding
(7) (a) Each local health department shall cause an annual financial and compliance audit
to be made of its operations by a certified public accountant. The audit may be conducted as part
of an annual county government audit of the county where the local health department headquarters
(b) The local health department shall provide a copy of the audit report to the department
and the local governing bodies [
Section 16. Section 26A-1-117 is amended to read:
26A-1-117. Funding of departments -- Tax levies.
local health departments shall fund the local health departments with appropriations from the
General Fund, from the levy of a tax, or in part by an appropriation and in part by a levy under
Section 17-53-221 .
(2) A local health department may be funded as provided by law from:
(a) local, state, and federal funds within local levy ceilings;
(b) a separate ceiling exempt tax under Section 59-2-911 , which may not exceed .0004 per
dollar of taxable value of taxable property; or
(c) in part by each.
(3) Local funds from either tax source shall be appropriated by the local governing
authorities of the counties participating in the local health department.
Section 17. Section 26A-1-118 is amended to read:
26A-1-118. Treasurer of local department -- Bond.
(1) In [
of the local health department.
agreement creating the multicounty local health [
the county in which the headquarters of the local health department is located shall serve as treasurer
of the local health department. [
(3) The official bond of a county treasurer shall cover the duties as treasurer of a local health
Section 18. Section 26A-1-119 is amended to read:
26A-1-119. Local health department fund -- Sources -- Uses.
(1) The treasurer of a local health department shall, as part of the department organization,
create a local health department fund to which shall be credited any moneys appropriated or
otherwise made available by participating counties[
any moneys received from the state, federal government, or from surpluses, grants, fees, or donations
for local health purposes.
(2) (a) Moneys credited to the fund shall be placed in a restricted account and expended only
for maintenance and operation of the local health department.
(b) Claims or demands against the fund shall be allowed on certification by the health officer
or other employee of the local health department designated by the [
Section 19. Section 26A-1-120 is amended to read:
26A-1-120. County attorney or district attorney to represent and advise department,
board, officers, and employees.
(1) Except as otherwise provided in this section, the county attorney of the county in which
the headquarters of the local health department is located shall serve as legal advisor to the local
health department in all civil matters involving the local health department.
action requested by a local health department to abate a condition that exists in violation of, or to
restrain or enjoin any action which is in violation of the public health laws and rules of the
Departments of Health and Environmental Quality, the standards, regulations, orders, and notices,
of a local health department, and other laws, ordinances, and rules pertaining to health and sanitary
prosecute criminal violations of the public health laws and rules of the Departments of Health and
Environmental Quality, the standards, regulations, orders, and notices, of a local health department,
and other laws[
(b) Violations of local ordinances relating to public health matters shall be prosecuted by the
prosecuting attorney of the jurisdiction enacting the ordinance.
county attorney designated in Subsection (1):
(a) act as legal adviser to the local health department and the board with respect to the action;
(b) defend all actions and proceedings brought in that county against the local health
department, the board, or the officers and employees of the local health department.
Section 20. Section 26A-1-121 is amended to read:
26A-1-121. Standards and regulations adopted by local board -- Administrative and
judicial review of actions.
(1) (a) The board may make standards and regulations not in conflict with rules of the
Departments of Health and Environmental Quality and necessary for the promotion of public health,
environmental health quality, injury control, and the prevention of outbreaks and spread of
communicable and infectious diseases.
(b) The standards and regulations supersede existing local standards, regulations, and
ordinances pertaining to similar subject matter.
(c) The board shall provide public hearings prior to the adoption of any regulation or
standard. Notice of any public hearing shall be published at least twice throughout the county or
counties served by the local health department. The publication may be in one or more newspapers,
so long as notice is provided in accordance with this Subsection (1)(c).
(d) The hearings may be conducted by the board at a regular or special meeting, or the board
may appoint hearing officers who may conduct hearings in the name of the board at a designated
time and place.
(e) A record or summary of the proceedings of any hearing shall be taken and filed with the
(2) (a) Any person aggrieved by any action or inaction of the local health department relating
to the public health shall have an opportunity for a hearing with the local health officer or a
designated representative of the local health department. The board shall grant a subsequent hearing
to the person upon his request in writing.
(b) In any adjudicative hearing, a member of the board or the hearing officer may administer
oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name of the board
requiring the testimony of witnesses and the production of evidence relevant to any matter in the
hearing. A written record shall be made of the hearing, including findings of facts and conclusions
(c) Judicial review of a final determination of the local board may be secured by any person
adversely affected by the final determination, or by the Departments of Health or Environmental
Quality, by filing a petition in the district court within 30 days after receipt of notice of the board's
(d) The petition shall be served upon [
the grounds upon which review is sought.
(e) The board in its answer shall certify and file with the court all documents and papers and
a transcript of all testimony taken in the matter together with its findings of fact, conclusions of law,
(f) The appellant and the board are parties to the appeal.
(g) The Departments of Health and Environmental Quality may become a party by
intervention as in a civil action upon showing cause.
(h) A further appeal may be taken to the Court of Appeals under Section 78-2a-3 .
Section 21. Section 26A-1-122 is amended to read:
26A-1-122. Counties joining existing department -- Abolition of department _
Withdrawal of county from department.
(1) If additional or adjacent counties join an existing local health department, provisions
shall be made for the appointment and terms of new board members in accordance with the
applicable provisions of this part.
(2) (a) A local health department established under this part may not be abolished until it has
been in existence at least two years.
(b) A participating county may not withdraw from a local health department until the county
has participated in maintenance of the local health department for at least two years. The effective
date of any withdrawal shall be December 31. Ninety days prior written notice of the withdrawal
shall be given to the board.
(3) If a local health department is abolished, the participating counties shall establish local
health departments under Section 26A-1-103 , [
days prior to abolishment.
Section 22. Section 26A-1-125 is enacted to read:
26A-1-125. Existing local health departments required to conform to statutory
Each county or municipality operating or participating in the operation of a local health
department in existence as of January 1, 2002, shall, no later than June 30, 2003, amend its local
ordinances, policies, or interlocal agreements relating to the organization and operation of the local
health department to conform to the statutory amendments to Title 26A during the 2002 General
Section 23. Repealer.
This act repeals:
Section 26A-1-104, City-county health departments.
Section 26A-1-107, Branch office - Costs - In lieu of local department.
[Bill Documents][Bills Directory]