5360-S.E AMS GILD S5279.1

ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 723

By Senator Gildon

WITHDRAWN 02/17/2026

On page 32, after line 19, insert the following:

"NEW SECTION. Sec. 23. Criminal prosecutions under this act shall only occur in instances where civil enforcement actions have not been initiated for the same conduct constituting the alleged violation. A civil enforcement action shall be considered initiated only if written notice regarding the alleged violation has been issued."

Renumber the remaining sections consecutively and correct any internal references accordingly.

On page 33, beginning on line 6, after "creating" strike all material through "section" on line 7 and insert "new sections"

EFFECT: Provides that criminal prosecutions under the bill shall only occur in instances where a civil enforcement action, initiated by written notice, has not been initiated for the same conduct constituting the alleged violation.

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