(The Center Square) – The Washington state Senate has passed a bill that critics in the chamber warn could “weaponize” the State Attorney General’s Office by giving it new investigative powers into civil infractions, with potential criminal penalties for failure to comply and a gag order on the person subject to it.
“It allows for the potential to weaponize the state agency, should somebody actually have an agenda,” Sen. Jeff Holy, R-Cheney told colleagues on the Senate floor prior to the passage of Senate Bill 5925. “There’s no due process protection in this whatsoever.”
Currently, the AGO has the power to issue what are known as civil investigative demands to individuals or entities to turn over documents, provide written testimony, or give testimony if the AGO believes they are in possession of information or documents relevant to the investigation.
However, that power is limited to only certain violations such as the Consumer Protection Act, Medicaid fraud violations, and rent stabilization.
SB 5925 would extend such investigations into suspected violations of the state and U.S. Constitutions, along with the following state laws:
Law enforcement requirements under the Keep Washington Working ActWages lawsWashington Law Against Discriminationthe City and County Jails Act.
Speaking in favor of the bill, Sen. Manka Dhingra, D-Redmond, told colleagues the bill is “about making sure that our all our businesses are treating the employees within the laws of the state of Washington, and so it’s ensuring that all the employers are following the law.
“We have to make sure that our attorney general can investigate those businesses that are not,” Dhingra said.
However, Sen. Phil Fortunato, R-Auburn, countered that “the bill actually does not say the lieutenant or the attorney general would investigate wrongdoing.
“It doesn’t actually require anything of any substance for the attorney general to go and investigate,” he said. “There could be wrongdoing, but there could not be.”
Lawmakers amended the bill prior to passage to include a provision requiring the AGO have “facts and circumstances to exist that would reasonably lead to possible violations of enumerated state and federal law” before issuing a CID.
Nevertheless, Republican lawmakers took issue with other aspects of the bill, including its provision that a court order can prohibit a person or entity subject to the CID from disclosing it publicly, and those who do are guilty of a misdemeanor. The AGO can also go to a court judge to compel compliance and have sanctions imposed if the person or entity does not do so.
Additionally, the Senate rejected an amendment providing the AGO reimburse individuals or entities for the cost of complying with the CID is no wrongdoing is found.
Sen. Drew Hansen, D-Bainbridge Island, opposed that amendment, arguing that “the Attorney General is not a bottomless pit of money.
“The Attorney General is a state agency, and…state is not endowed with limitless resources at the moment,” he said.
However, Sen. Leonard Christian, R-Spokane Valley, said he was looking at as a business owner.
“We have passed a lot of legislation here in the last couple of years that is attacking our businesses, making it harder and harder to actually earn a profit in Washington state,” he said. “This bill is just another nail in-the-coffin. Why would anyone want to open a business here with all the tax laws and, now, fishing expeditions into your business?”
SB 5925 ultimately was passed out of the Senate with a 30-19 vote. It has not yet been assigned to a House committee.
