1495-S AMH HEAV H4159.1

 

 

 

SHB 1495 - H AMD 0031 ADOPTED 2/10/92

By Representatives Heavey, Basich, Fuhrman and Vance

 

                                                                                    

 

     On page 17, beginning on line 4, strike all of section 10 and insert the following:

 

     "Sec. 10.  RCW 58.19.270 and 1973 1st ex.s. c 12 s 27 are each amended to read as follows:

     (1) The commission by any person of an act or practice prohibited by this chapter is hereby declared to be a matter affecting the public interest for the purpose of applying chapter 19.86 RCW and is not reasonable in relation to the development and preservation of business.  A violation of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of the ((application of)) attorney general bringing an action in the name of the state under the consumer protection act, ((chapter 19.86 RCW, as now or hereafter amended)) pursuant to RCW 19.86.080.

     (2) ((The director may refer such)) Evidence ((as may be available to him)) concerning violations of this chapter ((or of any rule or regulation adopted hereunder)) may be referred to the attorney general ((or the prosecuting attorney of the county wherein the alleged violation arose)), who may, in ((their)) his or her discretion, with or without such a reference, in addition to any other action ((they)) the attorney general might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice prohibited by this chapter((:  PROVIDED, That)).  This chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, ((as now or hereafter amended,)) and the powers and duties of the attorney general ((and the prosecuting attorney)) as ((they may)) such powers and duties appear in ((the aforementioned)) chapters((,)) 9.04 and 19.86 RCW shall apply against all persons subject to this chapter.

     (3) Only the attorney general can bring an action under the consumer protection act, chapter 19.86 RCW, pursuant to this section."