S-1493               _______________________________________________

                                                   SENATE BILL NO. 5756

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Kreidler

Read first time 2/10/87 and referred to Committee on Financial Institutions.

AN ACT Relating to legal representation under the securities act; amending RCW 43.10.065; reenacting and amending RCW 43.10.067; and adding new sections to chapter 21.20 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 21.20 RCW to read as follows:

          (1) The department of licensing securities division may employ legal counsel to act as attorney for the state of Washington, department of licensing, in actions or proceedings brought by or against the director under chapter 21.20 RCW or in which the director joins or intervenes as to a matter under chapter 21.20 RCW, as a friend of the court or otherwise.

          (2) RCW 43.10.065 and 43.10.067 are inapplicable to attorneys hired under this section.

NEW SECTION. Sec. 2.  A new section is added to chapter 21.20 RCW to read as follows:

          The attorney general, upon the director's request, shall act as the attorney for the director in actions and proceedings brought by or against the director under or pursuant to chapter 21.20 RCW.

        Sec. 3.  Section 43.10.065, chapter 8, Laws of 1965 and RCW 43.10.065 are each amended to read as follows:

          The attorney general may employ or discharge attorneys and employees to transact for the state, its departments, officials, boards, commissions, and agencies, all business of a legal or quasi legal nature, except those declared by law to be the duty of the judge of any court, ((or)) the prosecuting attorney of any county, or attorneys representing the department of licensing securities division.

        Sec. 4.  Section 43.10.067, chapter 8, Laws of 1965 as last amended by section 108, chapter 7, Laws of 1985 and by section 2, chapter 133, Laws of 1985 and RCW 43.10.067 are each reenacted and amended to read as follows:

          No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney in any legal or quasi legal capacity in the exercise of any of the powers or performance of any of the duties specified by law to be performed by the attorney general, except where it is provided by law to be the duty of the judge of any court or the prosecuting attorney of any county to employ or appoint such persons:  PROVIDED, That RCW 43.10.040, and RCW 43.10.065 through 43.10.080 shall not apply to the administration of the judicial council, the judicial qualifications commission, the state law library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, the department of licensing securities division, or the representation of an estate administered by the director of the department of revenue or the director's designee pursuant to chapter 11.28 RCW.

          The authority granted by chapter 1.08 RCW and RCW 44.28.140 shall not be affected hereby.