S-0274.1  _______________________________________________

 

                         SENATE BILL 6130

          _______________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Kline, Constantine, Fairley, Prentice and Fraser

 

Read first time 02/27/2001.  Referred to Committee on Judiciary.

Modifying the award of treble damages.


    AN ACT Relating to treble damages in civil actions; and amending RCW 19.86.090.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 19.86.090 and 1987 c 202 s 187 are each amended to read as follows:

    Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee((, and the court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained:  PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed ten thousand dollars:)).  PROVIDED ((FURTHER)), That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney's fees.  The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed the amount specified in RCW 3.66.020.  If the action is brought in superior court, the court may also award treble damages over and above actual damages awarded, provided that the treble damages do not exceed the treble damages that could have been awarded if the matter had been brought in district court.  For the purpose of this section "person" shall include the counties, municipalities, and all political subdivisions of this state.

    Whenever the state of Washington is injured by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in the superior court or district court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.

 


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