BILL REQ. #:  H-2259.1 

Read first time 04/03/13.   Referred to Committee on Appropriations Subcommittee on General Government.

     AN ACT Relating to the institution or prosecution of legal proceedings by the attorney general on behalf of state officers; amending RCW 43.10.030; adding a new section to chapter 43.10 RCW; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 43.10.030 and 2009 c 549 s 5048 are each amended to read as follows:
     The attorney general shall:
     (1) Appear for and represent the state before the supreme court or the court of appeals in all cases in which the state is interested;
     (2) Institute and prosecute all actions and proceedings for, or for the use of the state, which may be necessary in the execution of the duties of any state officer, except as provided in section 2 of this act;
     (3) Defend all actions and proceedings against any state officer or employee acting in his or her official capacity, in any of the courts of this state or the United States;
     (4) Consult with and advise the several prosecuting attorneys in matters relating to the duties of their office, and when the interests of the state require, he or she shall attend the trial of any person accused of a crime, and assist in the prosecution;
     (5) Consult with and advise the governor, members of the legislature, and other state officers, and when requested, give written opinions upon all constitutional or legal questions relating to the duties of such officers;
     (6) Prepare proper drafts of contracts and other instruments relating to subjects in which the state is interested;
     (7) Give written opinions, when requested by either branch of the legislature, or any committee thereof, upon constitutional or legal questions;
     (8) Enforce the proper application of funds appropriated for the public institutions of the state, and prosecute corporations for failure or refusal to make the reports required by law;
     (9) Keep in proper books a record of all cases prosecuted or defended by him or her, on behalf of the state or its officers, and of all proceedings had in relation thereto, and deliver the same to his or her successor in office;
     (10) Keep books in which he or she shall record all the official opinions given by him or her during his or her term of office, and deliver the same to his or her successor in office;
     (11) Pay into the state treasury all moneys received by him or her for the use of the state.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.10 RCW to read as follows:
     RCW 43.10.030(2) does not require the attorney general to institute or prosecute any action or proceeding on behalf of a state officer against the state or a county when any purpose of the action or proceeding, any cause of action, or any remedy sought, is related to the level or sufficiency of fiscal appropriations.

NEW SECTION.  Sec. 3   For any action or proceeding instituted by the attorney general on behalf of a state officer under RCW 43.10.030(2) before the effective date of this section, and for which the attorney general no longer has a duty under section 2 of this act, any duty on the part of the attorney general to continue to prosecute ceases after the effective date of this section.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.