Find Legal Information

212.350 Creation of city-county board of health for cities of first class and counties containing such cities -- Corporate powers -- Abolishment of former health agencies -- Effect of compact -- Appli

Download pdf

212.350 Creation of city-county board of health for cities of first class and counties containing such cities -- Corporate powers -- Abolishment of former health <br>agencies -- Effect of compact -- Application upon establishment of consolidated <br>local government. (1) In each county of the Commonwealth of Kentucky in which there is located a city of the first class or a consolidated local government, there is hereby created a board of <br>health which board shall be a body politic and corporate, and shall be known as the <br>&quot;.... (name of city of the first class) and .... (name of county) or ..... (name of the <br>consolidated local government) County Board of Health&quot; hereinafter called the <br>&quot;board,&quot; which board shall have jurisdiction throughout such county, including all <br>municipalities in said county with respect to and in accordance with the provisions <br>of KRS 212.350 to 212.620. Wherever the words &quot;city&quot; and &quot;mayor&quot; are used in <br>KRS 212.350 to 212.620 they shall mean such city of the first class or consolidated <br>local government, and the mayor thereof. Said board may, in its corporate name, sue <br>and be sued, contract and be contracted with, and acquire real, personal and mixed <br>property by deed, purchase, gift, devise, lease, condemnation, or otherwise, and <br>dispose of same; and may make appropriate rules and regulations and do all things <br>reasonable or necessary effectively to carry out the work and properly to perform <br>the duties intended or required by KRS 212.350 to 212.620. When and after the <br>board herein created is organized as herein provided, and except as otherwise <br>provided by law, said board shall succeed to and be vested with all of the functions, <br>obligations, powers, and duties now being exercised by the county board of health, <br>any department of public health, and by any board of tuberculosis hospital in such <br>county; and thereupon the board of health and the department of health and the <br>board of tuberculosis hospital shall cease to exist, and all laws and amendments of <br>said laws, relating to and governing the aforesaid county board of health, <br>department of public health, and board of tuberculosis hospital, in conflict with the <br>provisions of KRS 212.350 to 212.620, shall, to the extent of such conflict, stand <br>and be repealed. (2) Notwithstanding KRS 212.350 to 212.625, when a city of the first class and a county containing such city have in effect a compact under KRS 79.310 to 79.330, <br>the county and such city of the first class shall agree that the county shall provide all <br>staff support, including a director of health, to the board of health through county <br>officers, assistants, clerks, deputies, and employees. In such case, all officers, <br>employees, and staff of the board of health and the department of health shall be <br>deemed county employees, and shall be subject to the control of fiscal court. At the <br>time the compact takes effect the officers, employees, and staff of the board of <br>health and the department of health shall be transferred to the service of county <br>government; provided that all such employees who at such time are in the classified <br>service shall be continued in a classified service administered by county <br>government. All functions, obligations, powers, and duties now vested in the board <br>of health shall continue to be vested in the board unless changed by ordinance of the <br>fiscal court of such county. Upon the establishment of a consolidated local <br>government in a county where a city of the first class and a county containing that <br>city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, the requirements of this subsection pertaining to county government shall be assumed <br>by the consolidated local government. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 203, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 77, sec. 22, effective July 15, 1986. -- Created 1942 Ky. <br>Acts ch. 41, sec. 1.