1531-S AMH PENN MORI 202

SHB 1531 - H AMD 511

By Representative Penner

WITHDRAWN 03/08/2025

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

"NEW SECTION. Sec. A new section is added to chapter 4.24 RCW to read as follows:

(1) A business owner or business entity adversely affected by a requirement imposed by a state or local agency or official intended to control a communicable disease may bring an action in superior court alleging that the requirement is not scientifically based. If the court finds, by a preponderance of the evidence, that the requirement is not scientifically based, it shall issue an order enjoining the state or local official from enforcing the requirement with respect to the owner or entity and any other similarly situated owners or entities.

(2) A prevailing business owner or business entity is also entitled to:

(a) Damages for lost revenue;

(b) A monetary penalty of up to $5,000 for each day the owner or entity was subject to the requirement; and

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

EFFECT: Allows a business owner or business entity to challenge in superior court a requirement used to control a communicable disease on the grounds that the requirement is not scientifically based. Requires the court to enjoin enforcement of the requirement if it finds that it is not scientifically based. Requires the court order to be applicable to the owner or entity and any other similarly situated owners or entities. Allows a prevailing owner or entity to collect damages for lost revenue, a monetary penalty of up to $5,000 for each day the requirement was in place, and reasonable attorneys' fees.

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