FINAL BILL REPORT

HB 142

                                  C 152 L 87

BYRepresentatives Armstrong, Padden, Locke and Crane; by request of Attorney General

Clarifying the attorney general's authority to use presuit investigative powers in consumer complaints where the violation may ultimately be prosecuted under federal consumer protection law.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

The attorney general is authorized to investigate possible violations of laws that protect consumers.  The attorney general may demand production of documents, answers to written interrogatories, or oral testimony from any person who the attorney general believes may have knowledge of or be in possession of information relevant to an investigation.

The state attorney general may bring actions under some federal laws, especially laws relating to antitrust actions.  State law is silent regarding whether the attorney general can use information which was gathered in an investigation originally focused on violation of state law, but which is subsequently of potential use in an action under federal law.

SUMMARY:

The attorney general's office is authorized to use its investigative powers for violations of federal laws that deal with matters similar to those prohibited by the state consumer protection laws.  The attorney general may bring an action in federal court or state court using the material from its investigations.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    49     0

EFFECTIVE:July 26, 1987