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Ex. DUT-ID-003 Standing duty Primary source read

Idaho Code section 39-414 (text as in force 2020 through March 18, 2021)

Powers and duties of district board

Idaho Legislature (Idaho Code tit. 39, ch. 4, Public Health Districts) · Idaho (State)

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The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. III; enacted 1970 Idaho Sess. Laws ch. 90, sec. 14; amended repeatedly through 2000 ch. 132 and later (History line in exhibit)
Issued
2021-03-19 Mar. 19, 2021
Effective
In force throughout 2020 in this text (read as 2021-03-19)
End
standing (amended effective Mar. 19, 2021 by S1060, 2021 ch. 90, Ex. DUT-ID-006, adding county-commissioner approval of county-wide orders) (read as 2021-03-19)
In force
Standing since Mar. 19, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • public health district boards (power and duty); persons generally through the orders issued under it
Character
statutory authority
Collection
Standing duties: Idaho DUT-ID

Operative words

The district board of health shall have and may exercise the following powers and duties: (1) To administer and enforce all state and district health laws, regulations, and standards. (2) To do all things required for the preservation and protection of the public health and preventive health, and such other things delegated by the director of the state department of health and welfare...

Penalty

Violations of district orders punished under Idaho Code § 39-419 (Ex. DUT-ID-005)

What it required

Charged each of Idaho's seven public health district boards with the duty to administer and enforce the health laws and to do all things required for the protection of the public health; the authority recited by Central District Health for the Ada and Valley County orders (Exs. ID-022 to ID-025, ID-080) and by South Central Public Health District for its face-covering order (Exs. ID-058, ID-059). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

S1060 (2021 ch. 90) rewrote subsection (2) to read 'to undertake only those actions that are necessary and reasonable for preserving and protecting public health and preventive health as supported by scientific evidence' and required a board of county commissioners' resolution within seven days for an order 'applicable to all persons in a county or a public health district' (Ex. DUT-ID-006).