Bill Description: Senate Bill 1031 would narrow the scope of responsibility for Idaho's health districts. 

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Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?

Senate Bill 1031 would amend Section 39-414, Idaho Code, which defines the powers and duties of Idaho's seven health districts. The current statute says their boards have the duty to "do all things required for the preservation and protection of the public health and preventive health. …" Senate Bill 1031 would amend this language to say the districts should "take only actions specifically authorized by state law that are necessary and reasonable for the preservation and protection of the public health and preventive health."

It would add a provision saying, "Preventative health measures may be taken only in cases of a demonstrated immediate public health risk supported by scientific evidence. The board shall not engage in broad or arbitrary actions in the name of preventative health."

This change would replace the extremely broad term, "all things" with the somewhat narrower "necessary and reasonable" things. While this bill does narrow the scope of responsibility for Idaho's health districts, it still uses subjective terminology. This leaves room for health district boards to determine what constitutes a "necessary and reasonable" response to an "immediate public health risk."

Starting in 2020, certain health districts began abusing their authority to go far beyond what is necessary and reasonable, and this bill aims to curtail overreaches that might happen in the future.

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