SENATE BILL REPORT

                                    SB 5136

                            AS OF FEBRUARY 15, 1991

Brief Description:  Limiting local boards of health to rulemaking that directly affects public health.

SPONSORS:Senators McCaslin, Nelson and Roach.

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Staff:  Rod McAulay (786‑7754)

Hearing Dates:February 18, 1991

BACKGROUND:

Local health boards may adopt rules to preserve, promote, and improve the public health and to provide for enforcement.  It is believed that these boards should be:

-expressly required to adopt rules which are directly related to their objectives; and

-expressly prohibited from requiring persons to connect to sewer facilities for financial considerations.

The rule-making authority of local health boards is more accurately described as the adoption of rules rather than as the promulgation of regulations.

SUMMARY:

Local health boards may only adopt local rules which are directly necessary and limited to the purpose of preserving, promoting and improving the public health.  Financial considerations may not be used to coerce persons into connecting to sewer facilities.

The terms "regulations" and "promulgated" are deleted.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested