(The Center Square) – The Washington State House of Representatives on Wednesday adopted amendments to and passed legislation that would expand the authority of the Attorney General’s Office to issue Civil Investigative Demands regarding potential violations of state and federal law. The legislation passed with a 56-41 vote.
The Senate passed the bill on Feb. 11. It now goes back to the Senate for further consideration, given the House amendments.
Senate Bill 5925 – now known as Engrossed Substitute Senate Bill 5925 – broadens the AGO’s ability to issue CIDs when investigating potential violations of constitutional rights, labor laws and other state regulations. CIDs are formal, pre-suit discovery tools that allow the AGO to compel individuals or entities to produce documents, answer written questions, or provide oral testimony without first filing a lawsuit or obtaining a judicial warrant.
There was passionate debate on the House floor. Bill supporters claim it provides the necessary legal tools to protect civil rights and speed up investigations for vulnerable communities, such as immigrants and low-wage workers. Opponent worry it could be used for purposes of political intimidation.
“Whether you’re a bikini barista that’s being sexually harassed by your employer, whether you’re a cannabis shop worker who’s experiencing wage theft, or whether you’re being wrongfully evicted from your housing, this legislation will make it easier to bring justice swiftly so that there are no more victims,” Rep. Darya Farivar, D-Seattle, said.
She then made some thinly-veiled criticisms of the Trump administration.
“Now more than ever, our Attorney General’s Office needs these tools,” Farivar concluded. “Let’s give them these tools to make sure that we are protecting all people in Washington state.”
Rep. Peter Abbarno, R-Chehalis, said that “this bill is akin to giving the attorney general the ability to just kick the door down to your house or your business and demand all your paperwork, demand oral testimony, demand a deposition, hand you interrogatories, just do discovery because the attorney general needs to do it because he can’t operate within the laws we have now like all the other attorneys have to do now …”
He predicted passage of the bill “is going to create witch hunts.”
The House passed amendments to the bill prohibiting the AGO’s Criminal Justice Division from issuing CIDs, requiring the AGO to possess “facts and circumstances to exist that would reasonably lead to possible violations” before a CID can be issued, extending file and appeal times in responding to a CID from 20 days to 30 days, and mandating consistency with state agency restrictions and requirements of the Keep Washington Working Act.
During the legislative process leading up to Wednesday’s vote in the House, several proposed amendments to the bill were rejected, including requiring “clear and convincing evidence” rather than “reasonably lead to” standards for issuing a CID, allowing individuals to obtain compensation for the costs associated with complying with a demand, and prohibiting the AGO from sharing CID-obtained information with other law enforcement agencies for their investigation.
