1531 AMH GRAH MORI 199

HB 1531 - H AMD 514

By Representative Graham

WITHDRAWN 03/08/2025

On page 1, after line 20, insert the following:

"Sec. 2. RCW 70.05.060 and 1991 c 3 s 308 are each amended to read as follows:

Each local board of health ((shall have supervision over all matters)) is subject to state laws pertaining to the preservation of the life and health of the people within its jurisdiction and shall:

(1) ((Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health;

(2) )) Supervise the maintenance of all ((health and)) sanitary measures for the protection of the public health within its jurisdiction;

(((3) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof;

(4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department;

(5))) (2) Provide for the prevention, control and abatement of nuisances detrimental to the public health;

(((6))) (3) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; and

(((7))) (4) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services.

Sec. 3. RCW 70.05.070 and 2020 c 20 s 1066 are each amended to read as follows:

The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall:

(1) ((Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70A.125.030 and 70A.105.120, the confidentiality provisions in RCW 70.02.220 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;

(2))) Take such action as is necessary to maintain ((health and)) sanitation supervision over the territory within his or her jurisdiction;

(((3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;

(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;

(5))) (2) Prevent, control or abate nuisances which are detrimental to the public health;

(((6))) (3) Attend all conferences called by the secretary of health or his or her authorized representative;

(((7))) (4) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;

(((8))) (5) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans; and

(((9))) (6) Take such measures as he or she deems necessary in order to ((promote the public health, to)) participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in state-authorized community health programs related to or part of the programs of the local health department.

Sec. 4. RCW 70.05.120 and 2003 c 53 s 350 are each amended to read as follows:

(1) Any local health officer or administrative officer appointed under RCW 70.05.040, if any, who shall refuse or neglect to obey or enforce the provisions of chapters 70.05, 70.24, and 70.46 RCW or the rules, regulations or orders of the state board of health or who shall refuse or neglect to make prompt and accurate reports to the state board of health, may be removed as local health officer or administrative officer by the state board of health and shall not again be reappointed except with the consent of the state board of health. Any person may complain to the state board of health concerning the failure of the local health officer or administrative officer to carry out the laws or the rules and regulations concerning public health, and the state board of health shall, if a preliminary investigation so warrants, call a hearing to determine whether the local health officer or administrative officer is guilty of the alleged acts. Such hearings shall be held pursuant to the provisions of chapter 34.05 RCW, and the rules and regulations of the state board of health adopted thereunder.

(2) Any member of a local board of health who shall violate any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or refuse or neglect to obey or enforce any of the rules, regulations or orders of the state board of health made for the prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health of the people of this state, is guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars.

(3) Any physician who shall refuse or neglect to report to the proper health officer or administrative officer within twelve hours after first attending any case of contagious or infectious disease or any diseases required by the state board of health to be reported or any case suspicious of being one of such diseases, is guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred dollars for each case that is not reported.

(((4) Any person violating any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or violating or refusing or neglecting to obey any of the rules, regulations or orders made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of health or local health officer or administrative officer or state board of health, or who shall leave any isolation hospital or quarantined house or place without the consent of the proper health officer or who evades or breaks quarantine or conceals a case of contagious or infectious disease or assists in evading or breaking any quarantine or concealing any case of contagious or infectious disease, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment.))

NEW SECTION. Sec. 5. A new section is added to chapter 70.05 RCW to read as follows:

All state agencies and local health departments shall perform an analysis of their administrative rules and immediately engage in rulemaking to repeal any rules that are outside of their statutory authority as modified by this act."

Renumber the remaining section consecutively and correct any internal references accordingly.

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