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H.B. 241 Enrolled

                 

COUNTY HEALTH DEPARTMENTS -

                 
OPERATIONAL STRUCTURE

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Kevin S. Garn

                  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:
                  AMENDS:
                      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
                  ENACTS:
                      26A-1-125, Utah Code Annotated 1953
                  REPEALS:
                      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.
                      [(1) The governing body of every municipality shall join with the governing body of the
                  county in which the municipality is located to create and maintain a local health department as
                  provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.]
                      [(2)] Each municipality shall participate in and cooperate with the local health department
                  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

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                  protection of public health [required in this title].
                      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;
                  and
                      (2) [in cooperation with municipalities in the county,] create a local health department as
                  provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
                      Section 3. Section 19-6-803 is amended to read:
                       19-6-803. Definitions.
                      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
                  purposes.
                      (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
                  tires:
                      (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

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                  19-1-106 .
                      (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
                  or leased.
                      (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
                  weight.
                      (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;
                  and
                      (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 [city-county] local health department [or district
                  health department], as defined in Section 26A-1-102 , with jurisdiction over the recycler.
                      (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

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                  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.

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                      (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

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                      (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:
                       26A-1-102. Definitions.
                      As used in this part:
                      (1) "Board" means a local board of health established under Section 26A-1-109 .
                      [(4) "Local] (2) "County governing body" means [any local unit of] one of the types of
                  county government [required to establish a local health department by Section 10-7-3 or 17-50-313 ]
                  provided for in Title 17, Chapter 52, Part 5, Forms of County Government.
                      [(2) ] (3) "[City-county] County health department" means a local health department that
                  serves a county and municipalities located within that county.
                      [(3) ] (4) "Department" means the Department of Health created in Title 26, Chapter 1.
                      (5) "Local health department" means a [city-county] county or multicounty local health
                  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

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                  Cooperation Act.
                      (2) Any municipalities within counties comprising a [multi-county] multicounty local health
                  department shall be [included in] served by the [multi-county] multicounty local health department
                  [by agreement between the governing bodies of the municipalities and the governing bodies of the
                  counties comprising the multi-county local health department].
                      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 [local] county governing bodies, the department may assist in the
                  establishment of a local health department [under Sections 10-7-3 and 17-50-313 ].
                      (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 [may
                  provide]
                      (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;

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                      (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 [local governing bodies and shall consist of at least five persons] counties creating
                  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:
                      (i) [one-fifth] 1/3 shall serve a term of one year;
                      (ii) [one-fifth] 1/3 shall serve a term of two years; and
                      (iii) [one-fifth] 1/3 shall serve a term of three years[;].
                      [(iv) one-fifth shall serve a term of four years; and]
                      [(v) one-fifth shall serve a term of five years.]

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                      (b) All subsequent appointments shall be for terms of [five] three years and shall be made,
                  as possible, so [one-fifth] 1/3 of the terms of office of those serving on the board expire each year.
                  Members appointed to fill vacancies shall hold office until expiration of the terms of their
                  predecessors.
                      (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
                  removal.
                      (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 [one-tenth] 1/10 of the member's
                  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.

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                      (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
                  authorized meetings.
                      (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 [contributing funds to] of the municipalities and counties served
                  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 [that contribute funds to] of the municipalities and
                  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 [local governing bodies that contribute funds to the local
                  health department.] county executive of the county or counties in the local health department; and
                      [(2) The board shall determine the general policies to be followed in administration of the
                  local health department. The board shall adopt written procedures to carry out the provisions of this
                  section.]
                      (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.
                      [(3)] (2) The local health officer shall:

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                      (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 [to the board for approval prior to the beginning of each fiscal year unless an
                  extension is approved by the board; and]:
                      (A) to the county legislative body if the local health department is a county health
                  department; or
                      (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 [local governing bodies
                  contributing funds to] counties in the local health department.
                      [(4)] (3) The report under Subsection [(3)] (2)(e) shall contain a copy of the independent
                  financial audit required under Section 26A-1-115 , a description of the population served by the local
                  health department, and other information as requested [and approved] by the board or the county or
                  counties creating the local health department.
                      [(5)] (4) In the absence or disability of the local health officer, or if there is a vacancy in that
                  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
                  department.

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                      Section 11. Section 26A-1-111 is amended to read:
                       26A-1-111. Removal of local health officer.
                      (1) The [board may remove the] local health officer may be removed for cause[.] in
                  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
                  department.
                      (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

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                  designee in accordance with the merit system, personnel policies [of the local health department],
                  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) A personnel compensation plan shall be approved by the board. ]
                      [(3) (a) Local health departments shall develop personnel policies based on a merit system
                  and shall submit the policies to the board for approval. ]
                      [(b) If the board does not approve the policies, the board may adopt the personnel policies
                  of the county in which the local health department headquarters are located. ]
                      (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.
                      [(4)] (3) Subject to the local merit system, employees of the local health department may be
                  removed by the local health officer for cause. A hearing [by the board] shall be granted if requested
                  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, [local]
                  county or municipal governing bodies [participating in local health departments], or the Division of
                  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,

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                  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
                  law that:
                      (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

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                      (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
                  concerning:
                      (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

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                  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
                  premises;
                      (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

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                  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 [municipalities and] counties on the basis of population in
                  proportion to the total population of all [municipalities and] counties within the boundaries of the
                  local health department, or upon other bases agreeable to the participating counties [and
                  municipalities].
                      (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.
                      [(b)] (d) As used in this Subsection (1), "population" means population estimates prepared
                  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

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                  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
                  match.
                      (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
                  are located.
                      (b) The local health department shall provide a copy of the audit report to the department
                  and the local governing bodies [that contribute funds to] of counties participating in the local health
                  department.
                      Section 16. Section 26A-1-117 is amended to read:
                       26A-1-117. Funding of departments -- Tax levies.
                      (1) [Municipalities or counties] Counties involved in the establishment and operation of
                  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 [city-county] county health departments, the county treasurer shall serve as treasurer
                  of the local health department.

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                      (2) [In multi-county] Unless another county treasurer is designated pursuant to the interlocal
                  agreement creating the multicounty local health [departments] department, the county treasurer of
                  the county in which the headquarters of the local health department is located shall serve as treasurer
                  of the local health department. [The board and the governing body of the county in which the
                  treasurer is serving may agree on an equitable reimbursement to the county for the services.]
                      (3) The official bond of a county treasurer shall cover the duties as treasurer of a local health
                  department.
                      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[, cities,] or other local political subdivisions, and
                  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 [board] health officer.
                      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.
                      [(1)] (2) The county attorney of the county [when] where a civil claim arises shall bring any
                  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,

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                  of a local health department, and other laws, ordinances, and rules pertaining to health and sanitary
                  matters.
                      [(2)] (3) (a) The district attorney or county attorney having criminal jurisdiction shall
                  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[, ordinances,] and rules pertaining to health and sanitary matters.
                      (b) Violations of local ordinances relating to public health matters shall be prosecuted by the
                  prosecuting attorney of the jurisdiction enacting the ordinance.
                      [(3)] (4) The county attorney of a county where an action arises shall, if requested by the
                  county attorney designated in Subsection (1):
                      (a) act as legal adviser to the local health department and the board with respect to the                   action;
                  and
                      (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

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                  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
                  board.
                      (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
                  of law.
                      (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
                  final determination.
                      (d) The petition shall be served upon [a member] the secretary of the board and shall state
                  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,
                  and order.
                      (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 _

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                  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 , [ 26A-1-104 ,] 26A-1-105 , or 26A-1-106 at least 30
                  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
                  amendments.
                      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
                  Session.
                      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.

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