(1) The attorney general and
the prosecuting authorities of political subdivisions of this
state may bring civil actions in the name of the state for any
appropriate civil remedy, including but not limited to the
special remedies provided in RCW 42.17.390.
(2) The attorney general and the prosecuting authorities of
political subdivisions of this state may investigate or cause to
be investigated the activities of any person who there is reason
to believe is or has been acting in violation of this chapter,
and may require any such person or any other person reasonably
believed to have information concerning the activities of such
person to appear at a time and place designated in the county in
which such person resides or is found, to give such information
under oath and to produce all accounts, bills, receipts, books,
paper and documents which may be relevant or material to any
investigation authorized under this chapter.
(3) When the attorney general or the prosecuting authority
of any political subdivision of this state requires the
attendance of any person to obtain such information or the
production of the accounts, bills, receipts, books, papers, and
documents which may be relevant or material to any investigation
authorized under this chapter, he shall issue an order setting
forth the time when and the place where attendance is required
and shall cause the same to be delivered to or sent by registered
mail to the person at least fourteen days before the date fixed
for attendance. Such order shall have the same force and effect
as a subpoena, shall be effective statewide, and, upon
application of the attorney general or said prosecuting
authority, obedience to the order may be enforced by any superior
court judge in the county where the person receiving it resides
or is found, in the same manner as though the order were a
subpoena. The court, after hearing, for good cause, and upon
application of any person aggrieved by the order, shall have the
right to alter, amend, revise, suspend, or postpone all or any
part of its provisions. In any case where the order is not
enforced by the court according to its terms, the reasons for the
court's actions shall be clearly stated in writing, and such
action shall be subject to review by the appellate courts by
certiorari or other appropriate proceeding.
(4) Any person who has notified the attorney general and the
prosecuting attorney in the county in which the violation
occurred in writing that there is reason to believe that some
provision of this chapter is being or has been violated may
himself bring in the name of the state any of the actions
(hereinafter referred to as a citizen's action) authorized under
this chapter.
(a) This citizen action may be brought only if:
(i) The attorney general and the prosecuting attorney have
failed to commence an action hereunder within forty-five days
after such notice;
(ii) Such person has thereafter further notified the
attorney general and prosecuting attorney that said person will
commence a citizen's action within ten days upon their failure so
to do;
(iii) The attorney general and the prosecuting attorney have
in fact failed to bring such action within ten days of receipt of
said second notice; and
(iv) The citizen's action is filed within two years after
the date when the alleged violation occurred.
(b) If the person who brings the citizen's action prevails,
the judgment awarded shall escheat to the state, but he shall be
entitled to be reimbursed by the state of Washington for costs
and attorney's fees he has incurred: PROVIDED, That in the case
of a citizen's action which is dismissed and which the court also
finds was brought without reasonable cause, the court may order
the person commencing the action to pay all costs of trial and
reasonable attorney's fees incurred by the defendant.
(5) In any action brought under this section, the court may
award to the state all costs of investigation and trial,
including a reasonable attorney's fee to be fixed by the court.
If the violation is found to have been intentional, the amount of
the judgment, which shall for this purpose include the costs, may
be trebled as punitive damages. If damages or trebled damages
are awarded in such an action brought against a lobbyist, the
judgment may be awarded against the lobbyist, and the lobbyist's
employer or employers joined as defendants, jointly, severally,
or both. If the defendant prevails, he shall be awarded all
costs of trial, and may be awarded a reasonable attorney's fee to
be fixed by the court to be paid by the state of Washington.
[2007 c 455 § 1; 1975 1st ex.s. c 294 § 27; 1973 c 1 § 40 (Initiative Measure No. 276, approved November 7, 1972).]