Sen. Lenny’s RS31856 would limit public health districts’ broad authority; committee sends measure to print

Sen. Brian Lenny, R-Nampa, introduced RS31856 to the Senate Health & Welfare Committee as a response to lessons learned during the COVID-19 pandemic and as a proposal to add oversight to public health districts’ authority.

"The statute says our public health districts can do all things," Lenny told the committee. "What this is doing is just knocking them down a peg and adding what I believe is a layer of accountability." He described the measure as intended to "ensure that any health action taken is backed by solid... science and truly necessary to discourage guesswork, knee jerk reactions, or excessive measures."

Sen. Lucy Wintrow questioned whether Lenny had consulted public health boards and asked the sponsor to clarify language in the resolution that would bar a health board from taking "broad or arbitrary actions in the name of preventative health." Wintrow asked who would define terms such as "broad" or "arbitrary." Lenny said those details would be better addressed in a full hearing and reiterated that the current statute granting public health districts an "all things" authority was too broad in his view.

After brief discussion the committee voted by voice to send RS31856 to print for scheduling to a full hearing. The motion to send the resolution to print was made by Sen. Harris and seconded by Sen. Bjerke; the chair called for ayes and the motion carried.

Sending RS31856 to print is a procedural step to prepare a printed resolution for a future committee hearing; it does not change law. Committee members asked the sponsor to consult with public health boards and to be prepared to define key statutory terms at the full hearing.

The committee did not take a final vote on the substantive changes language during this session.