5531-S AMH JUDI TANG 058

SSB 5531 - H COMM AMD

By Committee on Judiciary

ADOPTED AS AMENDED 4/08/2009

    Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 19.86.090 and 2007 c 66 s 2 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)).  In addition, the court may in its discretion, increase the award of damages up 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)) twenty-five 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)) twenty-five thousand dollars.  For the purpose of this section, "person" ((shall)) includes the counties, municipalities, and all political subdivisions of this state.

    Whenever the state of Washington is injured, directly or indirectly, 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 to recover the actual damages sustained by it, whether direct or indirect, and to recover the costs of the suit including a reasonable attorney's fee.

NEW SECTION.  Sec. 2. A new section is added to chapter 19.86 RCW to read as follows:

    In a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it:

    (1) Violates a statute that incorporates this chapter;

    (2) Violates a statute that contains a specific legislative declaration of public interest impact; or

    (3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons."

    Correct the title.

EFFECT:   Changes the limit on treble damages from $50,000 to $25,000.  Removes the section stating that an action brought by the Attorney General is presumed to involve a public interest impact.  Makes a technical correction.

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