H-1227              _______________________________________________

                                                    HOUSE BILL NO. 540

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Thomas, Smitherman, B. Williams, Allen, J. Williams, Isaacson and May

Read first time 2/6/85 and referred to Committee on Environmental Affairs.

AN ACT Relating to the state environmental policy act; and adding a new section  to chapter 43.21C RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.21C RCW to read as follows:

          In an action to set aside, enjoin, review, or otherwise challenge a governmental action on the basis of noncompliance with the provisions of this chapter, the court having jurisdiction, upon petition of the defendant governmental body or the defendant applicant at any time before final judgment, shall require the plaintiff to post a bond in an amount sufficient to protect the defendant against  damages that may be suffered and the expenses that may be incurred in connection with the action.  The amount of the bond may from time to time be increased or decreased, in the discretion of the court, upon showing that the bond provided has or may become inadequate or excessive.  The defendant shall have recourse to the security in an amount determined by the court if the defendant is the prevailing party, whether or not the court finds the action was brought without reasonable cause.