H-4199              _______________________________________________

                                                   HOUSE BILL NO. 1753

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Crane

Read first time 1/25/88 and referred to Committee on Judiciary.

AN ACT Relating to costs of lawsuits; and amending RCW 19.86.090.

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

        Sec. 1.  Section 9, chapter 216, Laws of 1961 as last amended by section 187, chapter 202, Laws of 1987 and RCW 19.86.090 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 actual 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.  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 to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.