AN ACT Relating to consumer protection; amending RCW 19.86.010, 19.86.080, 19.86.095, 19.86.090, 19.86.100, 19.86.110, 19.86.120, 19.86.140, and 19.86.150; reenacting and amending RCW 43.10.067; adding a new chapter to Title 43 RCW; adding new sections to chapter 19.86 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION. Sec. 1. As used in this chapter:

(1) "Commission" means the Washington state consumer protection commission.

(2) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.

(3) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit.

(4) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.

NEW SECTION. Sec. 2. There is created the "Washington state consumer protection commission," which shall be composed of five members to be appointed by the governor with the advice and consent of the senate, one of whom shall be designated as chairperson by the governor.

NEW SECTION. Sec. 3. One of the original members of the commission shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom the individual succeeds.

A member shall be eligible for reappointment.

A vacancy in the commission shall be filled within thirty days, the remaining members to exercise all powers of the commission.

Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.

NEW SECTION. Sec. 4. Each member of the commission shall be compensated in accordance with RCW 43.03.250 and, while in session or on official business, shall receive reimbursement for travel expenses incurred during such time in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. The commission may employ such personnel and take such administrative actions as deemed appropriate for carrying out the powers and duties of the commission under this chapter. The commission may delegate any of its powers or duties to employees or members of the office staff.

NEW SECTION. Sec. 6. The commission shall adopt an official seal, which shall be judicially noticed.

NEW SECTION. Sec. 7. The principal office of the commission shall be in the city of Olympia, but it may meet and exercise any or all of its powers at any other place in the state, and may establish such district offices as it deems necessary.

NEW SECTION. Sec. 8. The commission, each biennium, shall report to the governor, describing the investigations, proceedings, and hearings it has conducted and their outcome, the decisions it has rendered, the recommendations it has issued, and the other work performed by it, and shall make such recommendations for further legislation as may appear desirable. The commission may present its reports to the legislature; the commission's reports shall be made available upon request.

NEW SECTION. Sec. 9. The commission shall formulate policies to effectuate the purposes of this chapter and may make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes.

NEW SECTION. Sec. 10. The commission shall have the following functions, powers, and duties:

(1) To appoint an executive secretary and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary except attorneys, which are provided by the attorney general under chapter 43.10 RCW, fix their compensation within the limitations provided by law, and prescribe their duties.

(2) To obtain upon request and utilize the services of all governmental departments and agencies.

(3) To adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.

(4) To receive, investigate, and pass upon complaints alleging violations of consumer protection laws.

(5) To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate violations of consumer protection laws.

(6) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.

(7) To cooperate and act jointly or by division of labor with the United States or other states, and with political subdivisions of the state of Washington and their respective consumer agencies to carry out the purposes of this chapter. The commission may perform such services for these agencies and be reimbursed therefor.

(8) To foster consumer awareness through seminars, conferences, educational programs, and other activities.

NEW SECTION. Sec. 11. The commission has power to create such advisory agencies and councils, local, regional, or state-wide, as in its judgment will aid in effectuating the purposes of this chapter. The commission may empower them to study consumer issues and to make recommendations to the commission for the development of policies and procedures in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency.

Such advisory agencies and councils shall be composed of representative citizens, serving without pay, but with reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and the commission may make provision for technical and clerical assistance to such agencies and councils and for the expenses of such assistance. The commission may use organizations specifically experienced in dealing with consumer issues.

NEW SECTION. Sec. 12. The commission has power to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the commission. The commission may make rules as to the issuance of subpoenas by individual members, as to service of complaints, decisions, orders, recommendations, and other process or papers of the commission, its member, agent, or agency, either personally or by registered mail, return receipt requested, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The return post office receipt, when service is by registered mail, shall be proof of service of the same.

NEW SECTION. Sec. 13. No person shall be excused from attending and testifying or from producing records, correspondence, documents, or other evidence in obedience to the subpoena of the commission or of any individual member, on the ground that the testimony or evidence required of the person may tend to incriminate or subject the person to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.

NEW SECTION. Sec. 14. In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the investigation, proceeding, or hearing is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.

NEW SECTION. Sec. 15. Witnesses before the commission, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of this state. Witnesses whose depositions are taken and the person taking the same shall be entitled to same fees as are paid for like services in the courts of the state.

NEW SECTION. Sec. 16. It is unlawful for any employer or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any violation of consumer protection laws, or because he or she has reported a violation of consumer protection laws, testified, or assisted in any proceeding under this chapter.

NEW SECTION. Sec. 17. It is unlawful for any person to aid, abet, encourage, or incite the commission of any violation of consumer protection laws, or to attempt to obstruct or prevent any other person from complying with the provisions of this chapter or any order issued thereunder.

NEW SECTION. Sec. 18. Who may file a complaint:

(1) Any person claiming to be aggrieved by an alleged violation of consumer protection laws may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath. The complaint shall state the name and address of the person alleged to have committed the violation and the particulars thereof, and contain such other information as may be required by the commission.

(2) Whenever it has reason to believe that any person has been engaged or is engaging in a violation, the commission may issue a complaint.

(3) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.

NEW SECTION. Sec. 19. After the filing of any complaint, the chairperson of the commission shall refer it to the appropriate section of the commission's staff for prompt investigation and ascertainment of the facts alleged in the complaint. The investigation shall be limited to the alleged facts contained in the complaint. The results of the investigation shall be reduced to written findings of fact, and a finding shall be made that there is or that there is not reasonable cause for believing that a violation of law has been or is being committed. A copy of said findings shall be furnished to the complainant and to the person named in such complaint, hereinafter referred to as the respondent.

If the finding is made that there is reasonable cause for believing that a violation of law has been or is being committed, the commission's staff shall immediately endeavor to eliminate the violation by conference, conciliation, and persuasion or by seeking equitable relief or initiating a prosecution through the appropriate county prosecutor.

If an agreement is reached for the elimination of such violation as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the commission setting forth the terms of said agreement. No order shall be entered by the commission at this stage of the proceedings except upon such written agreement.

If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the complainant and the respondent.

NEW SECTION. Sec. 20. Any person who willfully resists, prevents, impedes, or interferes with the commission or any of its members or representatives in the performance of duty under this chapter, or who willfully violates an order of the commission, is guilty of a misdemeanor; but procedure for the review of the order shall not be deemed to be such willful conduct.

NEW SECTION. Sec. 21. The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any other law of this state relating to consumer protection other than a law which purports to require or permit doing any act which is unlawful under this chapter. Nor shall anything herein contained be construed to deny the right to any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of any law relating to consumer protection.

Sec. 22. Section 7, chapter 186, Laws of 1987 and section 1, chapter 364, Laws of 1987 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 commission on judicial conduct, the state law library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, 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, RCW 44.28.140, and 47.01.061 shall not be affected hereby.

This section does not apply to the Washington state consumer protection commission.

Sec. 23. Section 1, chapter 216, Laws of 1961 and RCW 19.86.010 are each amended to read as follows:

As used in this chapter:

(1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships.

(2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the people of the state of Washington.

(3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any other thing of value.

(4) "Commission" means the Washington state consumer protection commission created in section 2 of this act.

Sec. 24. Section 8, chapter 216, Laws of 1961 as amended by section 1, chapter 26, Laws of 1970 ex. sess. and RCW 19.86.080 are each amended to read as follows:

The ((~~attorney general~~)) commission may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the prevailing party may, in the discretion of the court, recover the costs of said action including a reasonable attorney's fee.

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any act herein prohibited or declared to be unlawful.

Sec. 25. Section 5, chapter 288, Laws of 1983 and RCW 19.86.095 are each amended to read as follows:

In any proceeding in which there is a request for injunctive relief under RCW 19.86.090, the ((~~attorney general~~)) commission shall be served with a copy of the initial pleading alleging a violation of this chapter. In any appellate proceeding in which an issue is presented concerning a provision of this chapter, the ((~~attorney general~~)) commission shall, within the time provided for filing the brief with the appellate court, be served with a copy of the brief of the party presenting such issue.

Sec. 26. Section 9, chapter 216, Laws of 1961 as last amended by section 187, chapter 202, Laws of 1987 and RCW 19.86.090 are each amended to read as follows:

Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained: PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed ten thousand dollars: PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney's fees. The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed the amount specified in RCW 3.66.020. For the purpose of this section "person" shall include the counties, municipalities, and all political subdivisions of this state.

Whenever the state of Washington is injured by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in the superior court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.

Proof of public interest or public injury is not required in an action brought under this section.

Sec. 27. Section 10, chapter 216, Laws of 1961 as amended by section 3, chapter 26, Laws of 1970 ex. sess. and RCW 19.86.100 are each amended to read as follows:

In the enforcement of this chapter, the ((~~attorney general~~)) commission may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county.

Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter.

Sec. 28. Section 11, chapter 216, Laws of 1961 as last amended by section 1, chapter 152, Laws of 1987 and RCW 19.86.110 are each amended to read as follows:

(1) Whenever the ((~~attorney general~~)) commission believes that any person (a) may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate, which ((he)) the commission believes to be relevant to the subject matter of an investigation of a possible violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or federal statutes dealing with the same or similar matters that the ((~~attorney general~~)) commission is authorized to enforce, or (b) may have knowledge of any information which the ((~~attorney general~~)) commission believes relevant to the subject matter of such an investigation, ((he)) the commission may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such a person, a civil investigative demand requiring such person to produce such documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony, or any combination of such demands pertaining to such documentary material or information: PROVIDED, That this section shall not be applicable to criminal prosecutions.

(2) Each such demand shall:

(a) State the statute and section or sections thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation;

(b) If the demand is for the production of documentary material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded;

(c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral testimony is to be taken; and

(d) Identify the members of the ((~~attorney general's~~)) commission's staff to whom such documentary material is to be made available for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony.

(3) No such demand shall:

(a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a request for answers to written interrogatories, or a request for deposition upon oral examination issued by a court of this state; or

(b) Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state.

(4) Service of any such demand may be made by:

(a) Delivering a duly executed copy thereof to the person to be served, or, if such person is not a natural person, to any officer or managing agent of the person to be served; or

(b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served; or

(c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this state, or, if said person has no place of business in this state, to ((~~his~~)) that person's principal office or place of business.

(5)(a) Documentary material demanded pursuant to the provisions of this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served, or at such other times and places as may be agreed upon by the person served and the ((~~attorney general~~)) commission;

(b) Written interrogatories in a demand served under this section shall be answered in the same manner as provided in the civil rules for superior court;

(c) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the same manner as provided in the civil rules for superior court for the taking of depositions. In the course of the deposition, the ((~~assistant attorney general~~)) commission staff member conducting the examination may exclude from the place where the examination is held all persons other than the person being examined, the person's counsel, and the officer before whom the testimony is to be taken;

(d) Any person compelled to appear pursuant to a demand for oral testimony under this section may be accompanied by counsel;

(e) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the county within which the person resides, is found, or transacts business, or in such other place as may be agreed upon between the person served and the ((~~attorney general~~)) commission.

(6) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by a superior court for good cause shown, be produced for inspection or copying by, nor shall the contents thereof be disclosed to, other than an authorized employee of the ((~~attorney general~~)) commission, without the consent of the person who produced such material, answered written interrogatories, or gave oral testimony: PROVIDED, That, under such reasonable terms and conditions as the ((~~attorney general~~)) commission shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and copying by the person who produced such material, answered written interrogatories, or gave oral testimony, or any duly authorized representative of such person. The ((~~attorney general or any assistant attorney general~~)) commission may use such copies of documentary material, answers to written interrogatories, or transcripts of oral testimony as ((he)) it determines necessary in the enforcement of this chapter, including presentation before any court: PROVIDED, That any such material, answers to written interrogatories, or transcripts of oral testimony which contain trade secrets shall not be presented except with the approval of the court in which action is pending after adequate notice to the person furnishing such material, answers to written interrogatories, or oral testimony.

(7) At any time before the return date specified in the demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued pursuant to subsection (1), stating good cause, may be filed in the superior court for Thurston county, or in such other county where the parties reside. A petition, by the person on whom the demand is served, stating good cause, to require the ((~~attorney general~~)) commission or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court shall have jurisdiction to impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.

(8) Whenever any person fails to comply with any civil investigative demand for documentary material, answers to written interrogatories, or oral testimony duly served upon him or her under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the ((~~attorney general~~)) commission may file, in the trial court of general jurisdiction of the county in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one county such petition shall be filed in the county in which such person maintains his or her principal place of business, or in such other county as may be agreed upon by the parties to such petition. Whenever any petition is filed in the trial court of general jurisdiction of any county under this section, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry into effect the provisions of this section, and may impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.

Sec. 29. Section 12, chapter 216, Laws of 1961 as amended by section 5, chapter 26, Laws of 1970 ex. sess. and RCW 19.86.120 are each amended to read as follows:

Any action to enforce a claim for damages under RCW 19.86.090 shall be forever barred unless commenced within four years after the cause of action accrues: PROVIDED, That whenever any action is brought by the ((~~attorney general~~)) commission for a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, except actions for the recovery of a civil penalty for violation of an injunction or actions under RCW 19.86.090, the running of the foregoing statute of limitations, with respect to every private right of action for damages under RCW 19.86.090 which is based in whole or part on any matter complained of in said action by the ((~~attorney general~~)) commission, shall be suspended during the pendency thereof.

Sec. 30. Section 14, chapter 216, Laws of 1961 as last amended by section 2, chapter 288, Laws of 1983 and RCW 19.86.140 are each amended to read as follows:

Every person who shall violate the terms of any injunction issued as in this chapter provided, shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars.

Every person, other than a corporation, who violates RCW 19.86.030 or 19.86.040 shall pay a civil penalty of not more than one hundred thousand dollars. Every corporation which violates RCW 19.86.030 or 19.86.040 shall pay a civil penalty of not more than five hundred thousand dollars.

Every person who violates RCW 19.86.020 shall forfeit and pay a civil penalty of not more than two thousand dollars for each violation: PROVIDED, That nothing in this paragraph shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer or distributor of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, advertising in good faith without knowledge of its false, deceptive or misleading character.

For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the ((~~attorney general~~)) commission acting in the name of the state may petition for the recovery of civil penalties.

With respect to violations of RCW 19.86.030 and 19.86.040, the ((~~attorney general~~)) commission, acting in the name of the state, may seek recovery of such penalties in a civil action.

Sec. 31. Section 15, chapter 216, Laws of 1961 and RCW 19.86.150 are each amended to read as follows:

Upon petition by the ((~~attorney general~~)) commission, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which shall violate RCW 19.86.030 or 19.86.040 or the terms of any injunction issued as in this chapter provided.

NEW SECTION. Sec. 32. A violation of the provisions of any consumer-oriented statute shall be a violation of chapter 19.86 RCW, the consumer protection act.

For the purposes of this section, "consumer-oriented statute" means any statute granting specific legal rights to the consumer of any product, good, or service.

NEW SECTION. Sec. 33. The commission shall compile and maintain a list of attorneys admitted to practice in Washington who practice in the area of consumer protection. As a condition precedent to being included on the commission's list an attorney must provide a free initial consultation and agree to limit his or her fees as prescribed by the commission.

NEW SECTION. Sec. 34. All reports, documents, surveys, books, records, files, papers, or other written material in the possession of the attorney general and which pertain to the attorney general's administration or enforcement of chapter 19.86 RCW shall be delivered to the custody of the Washington state consumer protection commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property used by the attorney general in carrying out the powers and duties of chapter 19.86 RCW shall be made available to the commission. All funds, credits, or other assets held in connection with the attorney general's functions or powers or duties under chapter 19.86 RCW, shall be assigned to the commission.

Any appropriations made to the attorney general for the purpose of carrying out the powers and duties of the attorney general under chapter 19.86 RCW, shall, on the effective date of this act, be transferred and credited to the commission for the purpose of carrying out the transferred powers and duties.

Whenever any question arises as the transfer of any personnel, funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions of the attorney general under chapter 19.86 RCW, the director of financial management shall make the determination as to the proper allocation and certify the same to the state agencies involved.

NEW SECTION. Sec. 35. All classified employees of the attorney general employed primarily in the administration or enforcement of chapter 19.86 RCW are transferred to the jurisdiction of the Washington state consumer protection commission where they shall be assigned to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 36. All pending business before the attorney general's office on the effective date of this act and which relate to the administration or enforcement of chapter 19.86 RCW shall be transferred to the Washington state consumer protection commission.

NEW SECTION. Sec. 37. The transfers of powers, duties, functions and personnel of the attorney general, as required by sections 34 through 36 of this act, shall not affect the validity of any act performed prior to the effective date of this act by the attorney general or any employee of the attorney general.

NEW SECTION. Sec. 38. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 39. (1) Sections 1 through 21 of this act shall constitute a new chapter in Title 43 RCW.

(2) Sections 32 and 33 of this act are each added to chapter 19.86 RCW.