1155-S.E AMS PADD S3012.1

ESHB 1155 - S AMD TO S AMD (S-2826.4/23) 293

NOT ADOPTED 04/05/2023

On page 15, beginning on line 26, strike all of section 11 and insert the following:

"NEW SECTION. Sec. 11. The attorney general shall, prior to initiating any action for a violation of any provisions of this chapter, issue a notice of violation to the regulated entity, small business, or processor if the attorney general determines that a cure is possible. If the regulated entity, small business, or processor fails to cure such violation within 30 days of receipt of the notice of violation, the attorney general may bring an action pursuant to this section. Notwithstanding the foregoing, the attorney general shall not be required to provide a 30-day opportunity to cure if the alleged violation is the same as a previously addressed matter involving the same parties, and the decision has been resolved by an agreement between the parties or was adjudicated and a decision issued is final."

EFFECT: (1) Removes provisions that make a violation of the bill a per se violation of the Consumer Protection Act.

(2) Requires the Attorney General, prior to initiating an enforcement action, to provide a notice of the violation if the Attorney General determines that a cure is possible.

(3) Authorizes the Attorney General to bring an action if the regulated entity, small business, or processor fails to cure the violation within 30 days.