Passed by the Senate February 2, 2011 YEAS 47   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 6, 2011 YEAS 97   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5076 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 15, 2011, 2:59 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 15, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/12/11. Referred to Committee on Financial Institutions, Housing & Insurance.
AN ACT Relating to the subpoena authority of the department of financial institutions; adding a new section to chapter 18.44 RCW; adding a new section to chapter 19.100 RCW; adding a new section to chapter 19.110 RCW; adding a new section to chapter 19.146 RCW; adding a new section to chapter 19.230 RCW; adding a new section to chapter 21.20 RCW; adding a new section to chapter 21.30 RCW; adding a new section to chapter 31.04 RCW; adding a new section to chapter 31.45 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that in the case of
State v. Miles, the state supreme court held that Article I, section 7
of the state Constitution requires judicial review of a subpoena under
some circumstances. The legislature intends to provide a process for
the department to apply for court approval of an agency investigative
subpoena that is authorized under law in cases when the agency seeks
approval, or when court approval is required by Article I, section 7 of
the state Constitution. The legislature does not intend to require
court approval except when otherwise required by law or Article I,
section 7 of the state Constitution.
NEW SECTION. Sec. 2 A new
section is added to chapter 18.44 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 3 A new section is added to chapter 19.100 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 4 A new section is added to chapter 19.110 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 5 A new section is added to chapter 19.146 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 6 A new section is added to
chapter 19.230 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 7 A new section is added to chapter 21.20 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 8 A new section is added to chapter 21.30 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 9 A new section is added to chapter 31.04 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).
NEW SECTION. Sec. 10 A new section is added to
chapter 31.45 RCW
to read as follows:
(1) The director or authorized assistants may apply for and obtain
a superior court order approving and authorizing a subpoena in advance
of its issuance. The application may be made in the county where the
subpoenaed person resides or is found, or the county where the
subpoenaed documents, records, or evidence are located, or in Thurston
county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or
testimony; and
(c) Include a declaration made under oath that an investigation is
being conducted for a lawfully authorized purpose related to an
investigation within the department's authority and that the subpoenaed
documents, records, evidence, or testimony are reasonably related to an
investigation within the department's authority.
(2) When an application under this section is made to the
satisfaction of the court, the court must issue an order approving the
subpoena. An order under this subsection constitutes authority of law
for the agency to subpoena the documents, records, evidence, or
testimony.
(3) The director or authorized assistants may seek approval and a
court may issue an order under this section without prior notice to any
person, including the person to whom the subpoena is directed and the
person who is the subject of an investigation. An application for
court approval is subject to the fee and process set forth in RCW
36.18.012(3).