(1) Independent district departments of health shall be governed by an independent district board of health which shall be a body politic and corporate. The board shall have jurisdiction throughout the counties, including within all municipalities of the counties with respect to and in accordance with the provisions of KRS § 212.780 to
212.794. The board may, in its corporate name, sue and be sued, contract and be contracted with, acquire real, personal, and mixed property by deed, purchase, gift, devise, lease, or otherwise, and mortgage, pledge, sell, convey, or otherwise dispose of same. The board may make appropriate rules and regulations and do all things reasonable or necessary in order to carry out the work and to properly perform the duties intended as required under the provisions of KRS § 212.780 to KRS § 212.794, except that the board shall not adopt, unless otherwise provided by law, rules and regulations in conflict with state laws or administrative regulations. The title to all property acquired for purposes of KRS § 212.780 to KRS § 212.794 whether real, personal, and mixed, or whether acquired by deed, gift, purchase, devise, or otherwise, shall vest in the board and shall be exempt from taxation. When and after the board and department established under the provisions of KRS § 212.782 are organized, and except as otherwise provided herein, the board and department shall succeed to and be vested with all of the functions, obligations, powers, duties, immunities, and privileges now being exercised by the district board of health and district department of health, and thereupon the district board of health and district department of health shall cease to exist and all laws and amendments to any such laws, relating to and governing the district board of health and district department of health, in conflict with the provisions of KRS § 212.780 to KRS § 212.794 shall, to the extent of such conflict, stand and be repealed.

Terms Used In Kentucky Statutes 212.784

  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(2) When an independent district board of health is created pursuant to KRS § 212.782, all powers and duties of the previous district board of health and local boards of health, except as otherwise provided in KRS § 212.780 to KRS § 212.794, are transferred to the newly created independent district board of health and independent district department of health. Independent district boards of health and independent district departments of health established under KRS § 212.782 shall succeed to and be vested with all the functions, powers, obligations, duties, immunities, and privileges exercised by a district health department and local board of health.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 80, sec. 3, effective June 24, 2015. — Created
1990 Ky. Acts ch. 75, sec. 3, effective July 13, 1990.