| Passed by the Senate March 5, 2013 YEAS 49 ________________________________________ President of the Senate Passed by the House April 9, 2013 YEAS 93 ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5446 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/30/13. Referred to Committee on Law & Justice.
AN ACT Relating to state auditor applications for investigative subpoenas; adding a new section to chapter 43.09 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature intends to provide a process
for the state auditor's office to apply for court approval of an
investigative subpoena which is authorized under current law in cases
where the agency seeks such approval, or where court approval is
required by Article I, section 7 of the state Constitution. The
legislature does not intend to require court approval except where
otherwise required by law or Article I, section 7 of the state
Constitution. The legislature does not intend to create any new
authority to subpoena records or create any new rights for any person.
NEW SECTION. Sec. 2 A new section is added to chapter 43.09 RCW
to read as follows:
(1) In addition to the authority granted in RCW 43.09.165, the
state auditor and his or her 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 records or documents are located, or in Thurston county.
The application must (a) state that an order is sought pursuant to this
subsection; (b) adequately specify the records, documents, or
testimony; and (c) declare under oath that an investigation is being
conducted for a lawfully authorized purpose related to an investigation
within the state auditor's authority and that the subpoenaed documents
or testimony are reasonably related to an investigation within the
state auditor's authority.
(2) Where the 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 section constitutes authority of law for
the state auditor to subpoena the records or testimony.
(3) The state auditor and his or her 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.