BILL REQ. #:  H-1234.1 

Read first time 02/05/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to making injunctive relief available to private parties under the shoreline management act; and amending RCW 90.58.230.

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

Sec. 1   RCW 90.58.230 and 1971 ex.s. c 286 s 23 are each amended to read as follows:
     Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The attorney general or local government attorney shall bring suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages or injunctive relief, or both, under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.