Category: Washington Attorney General Opinions

Honorable Terry Bergeson Attorney General of Washington — Opinion February 19, 2003 SCHOOL DISTRICTS — EDUCATION — Authority of schooldistricts to undertake various fundraising activities. School districts have relatively broad authority to undertake fundraisingactivities where the activity in question is related to the statutorypurposes of the district and the district can show that the activity […]

Honorable Tom Fitzsimmons, Honorable Bruce Miyahara Attorney General of Washington — Opinion October 10, 1997 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Tom Fitzsimmons Director, Department of Ecology 300 Desmond Drive P.O. Box 47600 Lacey, WA 98504-7600 Honorable Bruce Miyahara Secretary, Department of Health 1112 S.E. Quince Street P.O. […]

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion July 30, 1998 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Mary Margaret Haugen State Senator, 10th Legislative District Chair, Municipal Research Council 1200 5th Avenue, Suite 1300 Seattle, Washington 98101-1159 Dear Senator Haugen: By letter previously acknowledged, you have […]

Honorable Vim Wright, Chair Attorney General of Washington — Opinion June 13, 2000 PUBLIC DISCLOSURE LAW — PUBLIC RECORDS — CONSERVATION DISTRICTS — Public disclosure status of farm plan prepared and held by state conservation district when similar record held by parallel federal agency is exempt from public disclosure. 1. A farm plan prepared wholly […]

Honorable Sid Snyder Attorney General of Washington — Opinion November 15, 2000 CITIES AND TOWNS — JAILS — Authority of cities and towns tocontract with nongovernmental entity to construct, lease, or operate ajail. 1. A code city may contract with a nongovernmental entity for theconstruction of a jail for the city. 2. A code city […]

David Threedy, Executive Secretary Attorney General of Washington — Opinion March 29, 2005 INDUSTRIAL INSURANCE — BOARD OF INDUSTRIAL INSURANCE APPEALS —PENSIONS/RETIREMENT — Authority of Board of Industrial Insurance Appealsto use money in the accident fund and/or the medical aid fund to processand adjudicate appeals relating to claims for death benefits relating topublic employees who […]

Dr. Ivory V. Nelson, President Attorney General of Washington — Opinion October 28, 1998 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Dr. Ivory V. Nelson, President Central Washington University Barge 314 400 East 8th Avenue Ellensburg, WA 98926-7500 Dear Dr. Nelson: By letter previously acknowledged, you have requested an opinion […]

Honorable Gregory Banks Attorney General of Washington — Opinion September 10, 2001 COURTS — SUPERIOR COURT — COUNTY CLERK — COUNTIES — Authorityof superior court to impose filing deadline on county clerk. 1. A superior court has authority to adopt a rule requiring thecounty clerk to file papers within specified periods of time. 2. If […]

Honorable Jim Honeyford, Honorable Joyce Mulliken, Honorable Bob Morton, Honorable Jerome Delvin, Honorable Mark Schoesler Attorney General of Washington — Opinion April 19, 2005 AGRICULTURAL COMMODITY COMMISSIONS — AGRICULTURE — DEPARTMENT OFAGRICULTURE — Options available for organization of agriculturalcommodity commissions. 1. RCW 15.66.110 would permit the establishment of an agriculturalcommodity commission whose members (either all […]

Honorable Skip Priest Attorney General of Washington — Opinion November 5, 2010 PROPERTY TAX ASSESSMENT — EMERGENCY MEDICALSERVICES — CITIES AND COUNTIES — Whether A Property Tax AssessmentLevied By A City Divided Between Two Counties Must Be Reduced BasedUpon A Property Tax Levy Imposed By One County But Not TheOther If a city divided between […]

Honorable Janéa Holmquist Attorney General of Washington — Opinion November 21, 2007. SALES AND USE TAX — TAXATION — DEPARTMENT OF REVENUE — Applicability of sales tax deferral program (RCW 82.60) to certain activities of Internet companies. The sales tax deferral program established in RCW 82.60, providing sales and use tax deferrals to investments in […]

Honorable David Skeen Attorney General of Washington — Opinion March 1, 1996 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable David Skeen Prosecuting Attorney Jefferson County P.O. Box 1220 Port Townsend, WA 98368 Dear Prosecutor Skeen: By letter previously acknowledged you have requested our opinion on the following paraphrased questions: 1. […]

Mr. Bern Shanks Attorney General of Washington — Opinion September 13, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Mr. Bern Shanks Director Department of Fish and Wildlife 600 Capitol Way North Olympia, Washington 98501-1091 Dear Mr. Shanks: By letter previously acknowledged, your predecessor (Robert Turner) requested an opinion on […]

Honorable Dean Sutherland Attorney General of Washington — Opinion February 6, 1996 MAUREEN HART, Senior Assistant Attorney General Honorable Dean Sutherland State Senator P.O. Box 40417 Olympia, WA 98504-0417 Dear Senator Sutherland: By letter previously acknowledged, you have asked for our opinion on several questions concerning certain statutes relating to fish guards. Fish guards prevent […]

Honorable Joyce Mulliken Attorney General of Washington — Opinion May 3, 2006 INSURANCE — INSURANCE COMMISSIONER — HEALTH INSURANCE — Extentof employer’s option to provide employee health insurance withoutincluding coverage of prescription contraceptives. 1. Employers have a statutory right to exclude coverage ofspecific procedures or services when they provide healthinsurance to employees, but this right […]

Honorable Patricia Lantz Attorney General of Washington — Opinion January 4, 2007 DEPARTMENT OF FISH AND WILDLIFE — SHORELINE MANAGEMENT ACT —DEPARTMENT OF ECOLOGY — Extent to which hydraulic project approvalpermits or shoreline substantial development permits are required forthe planting, growing, and harvesting of farm-raised geoduck clams. 1. The Department of Fish and Wildlife may […]

Honorable Ralph Munro Attorney General of Washington — Opinion November 24, 1997 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Ralph Munro Secretary of State Elections Division 120 E. Union Avenue P.O. Box 40232 Olympia, Washington 98504-0232 Dear Secretary Munro: By letter previously acknowledged, you have asked for our opinion […]

Honorable Rosemary McAuliffe Attorney General of Washington — Opinion September 30, 2003 STATE BOARD OF EDUCATION- SCHOOLS — SCHOOL TEACHERS — Extentof authority of Board of Education under RCW 28A.195.010 to permitprivate schools to employ non-Washington certificated teachers. WAC 180-90-112, which permits private schools to hire non-Washingtonstate certificated teachers under certain circumstances, is notinconsistent with […]

Honorable Randall K. Gaylord Attorney General of Washington — Opinion November 30, 1998 CHRISTINE O. GREGOIRE, Attorney General WILLIAM B. COLLINS, Sr. Assistant Attorney General Honorable Randall K. Gaylord San Juan County Prosecuting Attorney 350 Court Street P.O. Box 760 Friday Harbor, WA 98250 Dear Mr. Gaylord: By letter previously acknowledged, you have requested our […]

Honorable Eugene Prince Attorney General of Washington — Opinion February 10, 1998 CHRISTINE O. GREGOIRE, Attorney General MAUREEN HART, Sr. Assistant Attorney General Honorable Eugene Prince Washington State Senator PO Box 40482 Olympia, WA 98504-0482 Dear Senator Prince: By letter previously acknowledged, you have provided to this office a copy of a Cooperative Transit Funding […]

Honorable Ronald Zirkle Attorney General of Washington — Opinion February 2, 2005 COUNTIES — PUBLIC FUNDS — DONATIONS — Authority of a county to donateland and buildings to a nonprofit corporation operating programs for thedevelopmentally disabled. When a noncharter county has acquired land and/or buildings with fundsderived from RCW 43.83D (Referendum 29) and/or RCW 43.99C […]

Honorable Karl F. Sloan Attorney General of Washington — Opinion November 22, 2005 COUNTIES — HIGHWAYS AND ROADS — MOTOR VEHICLES — LICENSING —Authority to operate off-road vehicles on public highways androads. 1. A properly tagged off-road vehicle (ORV) is notpermitted to be operated along a public highway. 2. A county, city, or public subdivision […]

Judy Schurke, Director Attorney General of Washington — Opinion March 24, 2008 ELECTRICIANS — LICENSES — DEPARTMENT OF LABOR INDUSTRIES-Scope oflicensing exemption granted in RCW 19.28.091(1) for certain utilitywork. The licensing exemption provided in RCW 19.28.091(1) applies to anyentity employed by a utility to perform the type of work described inthe statute, whether the electrical […]

Honorable Lynn Kessler Attorney General of Washington — Opinion December 11, 2000 CITIES AND TOWNS — TAXATION — LODGING TAX — TOURISM— Authority of municipalities to spend lodging tax revenues ontourism-related facilities 1. A municipality lacks authority to expend lodging tax revenues for thesupport of a tourism-related facility in which the municipality has noownership interest. […]

Honorable Mike Kreidler Attorney General of Washington — Opinion March 26, 2003 INSURANCE COMMISSIONER — HEALTH INSURANCE POOL — HEALTHINSURANCE — CORPORATIONS — Authority of Washington StateHealth Insurance Pool to incorporate 1. The Washington State Health Insurance Pool is an entity created bystatute for specified state purposes and lacks the authority to assumethe form of […]

Honorable Jim Honeyford Attorney General of Washington — Opinion September 25, 2006 WATER — WATER RIGHTS — DEPARTMENT OF ECOLOGY — Extent ofDepartment of Ecology’s discretion in reviewing decisions oflocal water conservancy boards. 1. In reviewing a water conservancy board record of decisionconcerning a water right transfer application, the Department ofEcology is not limited to […]

Honorable Edward G. Holm Attorney General of Washington — Opinion September 25, 2001 PUBLIC DISCLOSURE LAW — POLICE — AUTOMOBILES — Publicdisclosure status of vehicle accident investigation reportsprepared by law enforcement officers. When a law enforcement officer prepares and files a vehicleaccident report pursuant to RCW 46.52.030 and/or .070, such areport is not rendered automatically […]

Honorable James Nagle Attorney General of Washington — Opinion October 30, 2002 COUNTIES — COUNTY AUDITOR — RECORDING DOCUMENTS — Discretion ofrecording officer to decide whether to deliver or transmitrecorded document. JAMES K. PHARRIS, Senior Assistant Attorney General Honorable James Nagle Walla Walla County Prosecuting Attorney 240 West Alder #201 Walla Walla, WA 99362 Dear […]

Honorable Jeremy Randolph Attorney General of Washington — Opinion July 31, 1996 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable Jeremy Randolph Lewis County Prosecuting Attorney 360 N.W. North Street, MS: PRO01 Chehalis, WA 98532-1900 Dear Prosecutor Randolph: By letter previously acknowledged, you have requested our opinion on the following paraphrased […]

Bruce Miyahara, Secretary, Mary Riveland, Director Attorney General of Washington — Opinion December 11, 1996 CHRISTINE O. GREGOIRE, Attorney General MAUREEN HART, Senior Assistant Attorney General Bruce Miyahara, Secretary Department of Health P.O. Box 47890 Olympia, WA 98504-7890 Mary Riveland, Director Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Dear Secretary Miyahara and Director […]

Dawn Morrell Attorney General of Washington — Opinion January 24, 2007 SCRAP METAL — PAWNBROKERS — PROPERTY — Extent to which certain scrapmetal is subject to the requirements of RCW 19.60. 1. A pawnbroker or second-hand dealer in the business of purchasingscrap metal for recycling and remanufacture is not required to followthe reporting requirements of […]

Honorable Robert J. Bavasi, Chair Attorney General of Washington — Opinion January 20, 1998 CHRISTINE O. GREGOIRE, Attorney General ANNE E. EGELER, Assistant Attorney General Honorable Robert J. Bavasi, Chair Board of Trustees Everett Community College 801 Wetmore Avenue Everett, WA 98201-1327 Dear Mr. Bavasi: By letter previously acknowledged, you have asked for our opinion […]

Janice Niemi, Chair Attorney General of Washington — Opinion December 2, 2004 LEGISLATURE — GAMBLING COMMISSION — BUDGET AND APPROPRIATION ACTS —GOVERNOR — APPROPRIATIONS — Extent to which gambling revolving fund issubject to allotment procedures under RCW 43.88. The gambling revolving fund is subject to the allotment process describedin RCW 43.88, but for the purpose […]

Larry Swift, Ph.D. Attorney General of Washington — Opinion July 8, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Larry Swift, Ph.D. Executive Director Washington State School Directors’ Association 221 College Street Northeast Olympia, WA 98516-5313 Dear Dr. Swift: By letter previously acknowledged, you have asked for our opinion on […]

Honorable Toby Nixon Attorney General of Washington — Opinion January 31, 2006 PUBLIC EMPLOYEES — PUBLIC EMPLOYMENT — SCHOOL DISTRICTS —STRIKES — LABOR — COLLECTIVE BARGAINING — Right of teachers andother employees to strike. 1. State and local public employees, including teachers, haveno legally protected right to strike. 2. State statute establishes no specific penalties […]

Honorable Mike Hewitt Attorney General of Washington — Opinion July 22, 2009 LABOR — FEDERAL PREEMPTION — Whether the National Labor Relations Actwould preempt the provision of a proposed bill regarding communicationsbetween employers and employees. The National Labor Relations Act would preempt the provision of aproposed bill which would prohibit employers from requiring employees toattend […]

Honorable Don Carlson Attorney General of Washington — Opinion April 23, 2003 COLLECTIVE BARGAINING — COLLEGES AND UNIVERSITIES — FACULTY— Duty of public four-year education institutions to collectivebargaining with faculty employees. Laws of 2002, ch. 356 imposes a duty on public four-year educationinstitutions in Washington to engage in collective bargaining withbargaining representatives of faculty employees, […]

Edward G. Holm. Gary Alexander Attorney General of Washington — Opinion September 26, 2005 GROWTH MANAGEMENT ACT — COUNTIES — CITIES AND TOWNS — Authority of growth management boards to remand cases. 1. The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of […]

Honorable Nita Rinehart, Honorable Jean Silver, Honorable Jay Weber Attorney General of Washington — Opinion February 6, 1996 CHRISTINE O. GREGOIRE, Attorney General Michael D. Reynolds, Special Assistant Attorney General Honorable Nita Rinehart State Senator PO Box 40482 Olympia, WA 98504-0482 Honorable Jean Silver State Representative PO Box 40600 Olympia, WA 98504-0600 Honorable Jay Weber […]

Honorable Brian Sullivan Attorney General of Washington — Opinion October 9, 2006 TAXATION — PROPERTY — REAL ESTATE EXCISE TAX — CITIES ANDTOWNS — COUNTIES — Effect on city and county if city chooses notto impose the optional sales and use tax authorized byRCW 82.14.030(2). 1. If a city has chosen not to impose the […]

Honorable Pam Roach Attorney General of Washington — Opinion July 6, 2006 FIREARMS — DEPARTMENT OF CORRECTIONS — LAW ENFORCEMENTOFFICERS — Authority of corrections officers to carry concealedweapon without obtaining a concealed weapon permit. 1. Corrections officers may carry concealed pistols withoutobtaining a concealed weapon permit if they meet the statutorydefinition of a law enforcement […]

Honorable Ralph Munro Attorney General of Washington — Opinion August 16, 1996 CHRISTINE O. GREGOIRE JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Ralph Munro Secretary of State P.O. Box 40232 Olympia, Washington 98504-0232 Dear Secretary Munro: By letter previously acknowledged, you have requested our opinion on the following questions which we have slightly paraphrased […]

Honorable John Knodell Attorney General of Washington — Opinion January 10, 1997 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable John Knodell Prosecuting Attorney Grant County P.O. Box 37 Ephrata, WA 98823 Dear Mr. Knodell: By letter previously acknowledged, you have requested our opinion on the following paraphrased question: Does a […]

Honorable Gregory Banks. Attorney General of Washington — Opinion April 17, 2008 INTERLOCAL COOPERATION ACT — CITIES AND TOWNS — COUNTIES — COLLEGESAND UNIVERSITIES — Authority of city, county, and university to enterinto an interlocal agreement to provide services concerning potentialeffects of climate change. A city, county, and university have the authority to enter into […]

Honorable Joseph Zarelli Attorney General of Washington — Opinion June 19, 2006 STATE EMPLOYEES — PUBLIC EMPLOYEES — EMPLOYERS AND EMPLOYEES —LABOR — COLLECTIVE BARGAINING — Circumstances in which a stateemployee may exercise a right of non-association with a laborunion. 1. State employees may exercise their right of nonassociationwith a labor union under RCW 41.80.100(2) […]

Honorable Bill Finkbeiner Attorney General of Washington — Opinion November 19, 2003 CITIES AND TOWNS — Authority of city to grant options to landownerswhen imposing development conditions pursuant to RCW 82.02.020 Under RCW 82.02.020, a city may lawfully (1) require an owner seeking abuilding permit to install sidewalks assuming the city can meet thestandards set […]

Honorable Margarita Prentice Attorney General of Washington — Opinion July 12, 1999 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable Margarita Prentice State Senator, 11th District PO Box 40600 Olympia, WA 98504-0600 Dear Senator Prentice: By letter previously acknowledged, you have requested our opinion on the following questions: Does RCW 9.41.240 […]

Honorable Kathleen Drew, Chair, Honorable Steve Fuhrman, Chair Attorney General of Washington — Opinion August 1, 1996 CHRISTINE O. GREGOIRE JAMES A. ANDERSEN, Special Assistant Attorney General ROBERT J. DORAN, Special Assistant Attorney General MAUREEN HART, Senior Assistant Attorney General Honorable Kathleen Drew, Chair Senate Natural Resources Committee John A. Cherberg Building Room 406 P.O. […]

Honorable Michael J. Murphy Attorney General of Washington — Opinion March 3, 1998 CHRISTINE O. GREGOIRE JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Michael J. Murphy State Treasurer Legislative Building P.O. Box 40200 Olympia, Washington 98504-0200 Dear Treasurer Murphy: By letter previously acknowledged, you have requested the opinion of this office on two questions […]

Jerome Delvin Attorney General of Washington — Opinion September 7, 2005 GROWTH MANAGEMENT ACT — COUNTIES — CITIES AND TOWNS — Authority of growth management boards to remand cases. 1. The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive […]

Honorable Gregory M. Banks Attorney General of Washington — Opinion July 7, 2005 COUNTIES — CITIES AND TOWNS — JAILS — Financial responsibility for costs of medical care provided to arrestees after detainment but before booking into jail. The costs of providing medical care to a person arrested on a criminal charge but not yet […]

Honorable Andrew K. Miller Attorney General of Washington — Opinion November 25, 2002 PUBLIC UTILITY DISTRICTS — ELECTIONS — DISTRICTS —COUNTY AUDITOR 1. When the commissioners of public utility districts draw newcommissioner districts after a decessional census, they must include intheir plan all the territory within any city which did not, at the timethe public […]

Honorable Tim Sheldon Attorney General of Washington — Opinion April 10, 2002 COUNTIES — CITIES — PORT DISTRICTS — STATE AGENCIES — PUBLICDISCLOSURE ACT — PUBLIC RECORDS — Applicability of public recordssections of RCW 42.17 to associations comprised of counties,county officials, cities, and port districts. While associations comprised of counties or local public officersare not […]

Honorable John Koster Attorney General of Washington — Opinion July 5, 2000 STATE D EDUCATION D COLLEGES AND UNIVERSITIES D PUBLIC FUNDS D Authorityof State Investment Board to invest funds in the advanced college tuitioncredit program in the stocks or other equities of private corporations. It is consistent with the state constitution for the state […]

Honorable Debbie Regala Attorney General of Washington — Opinion May 3, 2006 CITIES AND TOWNS — COUNTIES — INTERLOCAL COOPERATION ACT —Including cost of tort liability in city/county agreementconcerning allocation of criminal investigation and prosecutioncosts. 1. When negotiating an agreement under RCW 39.34.180(2) forthe allocation of the costs of conducting criminal investigationsand prosecutions, a city […]

Honorable Don Benton Attorney General of Washington — Opinion August 4, 2005 TAXES — MORTGAGES — INTEREST — Availability of a deduction from businessand occupation tax for mortgage brokers on “loan origination fees”or “points”. Payments to a mortgage broker in connection with a mortgage or deed of trust denominated as “loan origination fees” or “points” […]

Honorable Jeremy Randolph Lewis Attorney General of Washington — Opinion December 23, 2004 COUNTIES — JAILS — SHERIFF — STATE OFFICERS — STATE PATROL —Responsibility of county jail to accept for booking persons arrested andpresented at the jail by state patrol officers or other state employeeswith law enforcement powers. 1. A county sheriff, as supervisor […]

Honorable Susan Brady Attorney General of Washington — Opinion July 3, 2000 PUBLIC DISCLOSURE LAW — PUBLIC DISCLOSURE COMMISSION —ELECTIONS — CAMPAIGN CONTRIBUTIONS — CAMPAIGN FINANCING— CANDIDATES — Status of loans to candidates and politicalcommittees. 1. If a political campaign receives a loan from a commercial lendinginstitution which meets the criteria set forth in RCW […]

Honorable Lisa Brown Attorney General of Washington — Opinion May 21, 1998 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable Lisa Brown State Senator, 3rd District P.O. Box 40482 Olympia, WA 98504-0482 Dear Senator Brown: By letter previously acknowledged, you have requested our opinion on the following paraphrased questions: When an […]

Mary Margaret Haugen Attorney General of Washington — Opinion January 3, 2008 Page 1 GROWTH MANAGEMENT ACT — WETLANDS — DEPARTMENT OF ECOLOGY — AGRICULTURE— Application of Growth Management Act to siting a wetlands mitigationbank 1. The Growth Management Act (GMA) does not apply directly to asite-specific decision such as siting a wetlands mitigation bank,although […]

Honorable Jay Rodne Attorney General of Washington — Opinion November 3, 2008 PUBLIC WORKS AND IMPROVEMENTS — STATE BUDGET — OFFICE OF FINANCIALMANAGEMENT — STATE TREASURER — Interpretation of budget languageauthorizing construction on the “Wheeler Block” site in Olympia. 1. The maximum occupancy cost per square foot provision ofsubsection (8) of the capital budget authorization […]

Honorable Hans Dunshee Attorney General of Washington — Opinion June 11, 2002 WILDLIFE — TRAPPING — Applicability of statutory prohibition against “body-gripping traps” to certain mole traps. The term “body-gripping trap” as used in RCW 77.15.192 includes amole trap designed to immobilize a mole by piercing and impalingits body on a sharp metal rod. JAMES […]

Honorable Randy Dorn Attorney General of Washington — Opinion July 7, 2010 Page 1 TAXATION — TAXLEVIES — TIMBER — TREASURER — Distribution Of TimberExcise Tax Revenues 1. When county timber excise tax revenues received during thethird and fourth quarters of a year are insufficient to fullysatisfy the first and second priorities for revenue distributionunder […]

Mary C. McQueen, Administrator Attorney General of Washington — Opinion March 3, 2003 TRAFFIC INFRACTIONS — MOTOR VEHICLES — COURTS — Whetherrecipient of a notice of traffic infraction is entitled to receive a copyof the infraction bearing the recipient’s own signature. The recipient of a “notice of traffic infraction” under RCW 46.63 or a”traffic citation […]

Honorable David Skeen Attorney General of Washington — Opinion March 3, 1998 CHRISTINE O. GREGOIRE JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable David Skeen Jefferson County Prosecuting Attorney Courthouse — P.O. Box 1220 Port Townsend, WA 98368 Dear Mr. Skeen: By letter previously acknowledged, you have requested our opinion on a series of questions […]

Honorable Gary Chandler Attorney General of Washington — Opinion March 21, 2001 TAXATION — MOTOR VEHICLES — CONSTITUTION — Applicability ofarticle II, section 40 of the Washington Constitution to proposedexcise tax. Article II, Section 40 of the Washington Constitution requiresrevenues from taxes measured by the volume of motor vehicle fuelto be used exclusively for highway […]

Honorable Jeanne Kohl-Welles Attorney General of Washington — Opinion November 21, 2006 FIREFIGHTERS — PENSIONS — CITIES AND TOWNS — Whether certainpayments to current firefighters are “basic salary” for purposesof calculating pensions under RCW 41.18. An increase in salary generally payable to all currentfirefighters, such as additional payment to all firefighters forqualifying as Emergency Medical […]

Honorable Phil Dyer, Honorable Mary Margaret Haugen, Honorable Cathy Wolfe, Honorable Dino Rossi Attorney General of Washington — Opinion January 27, 1998 CHRISTINE O. GREGOIRE, Attorney General ANNE E. EGELER, Assistant Attorney General Honorable Phil Dyer State Representative, 5th District P.O. Box 40600 Olympia, WA 98504-0600 Honorable Mary Margaret Haugen State Senator, 10th District P.O. […]

Commissioner Mike Kreidler Attorney General of Washington — Opinion August 8, 2002 INSURANCE — INSURANCE COMMISSIONER — HEALTH INSURANCE —Interpretation of “conscientious objection” statute allowingemployers to refrain from including certain items in the employeehealth care benefit package. 1. If an employer offers its employees a health care package thatincludes prescription drug coverage, it is an […]

Honorable Joseph Zarelli Attorney General of Washington — Opinion July 28, 2005 SCHOOL DISTRICTS — BONDS — Degree of specificity required in schooldistrict resolution identifying purposes of bond issue to be placed onballot for voter approval. When a school district board of directors adopts a resolution pursuant to RCW 28A.530.020, it must identify the maximum […]

David M. Bernstein, DPM Attorney General of Washington — Opinion January 15, 2010 OCCUPATIONAL THERAPISTS?Scope Of Practice Of OccupationalTherapy The scope of practice for occupational therapists does notinclude the practice of sharp debridement. David M. Bernstein, DPM Chairman, Podiatric Medical Board Department of Health PO Box 47852 Olympia, WA 98504 Dear Dr. Bernstein: By letter […]

Honorable Georgia Gardner Attorney General of Washington — Opinion August 11, 1998 CHRISTINE O. GREGOIRE JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Georgia Gardner State Representative, 42nd District PO Box 40600 Olympia, Washington 98504-0600 Dear Representative Gardner: By letter previously acknowledged, you have requested our opinion on a question we have paraphrased as follows: […]

Honorable Matthew M. Smith Attorney General of Washington — Opinion November 2, 2005 PENSIONS — PUBLIC EMPLOYEES’ RETIREMENT SYSTEMS — RETIREMENT —Effect of “non-contractual rights clause” on Legislature’s futureobligation to provide “gain-sharing benefits”. Where the Legislature has enacted statutes providing”gain-sharing” benefits to retirement system members if certaincircumstances occur, but has included language reserving the rightto […]

Eileen Cody Attorney General of Washington — Opinion September 8, 2005 GROWTH MANAGEMENT ACT — COUNTIES — CITIES AND TOWNS — Authority of growth management boards to remand cases. 1. The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive […]

Honorable Brad Owen, Honorable Peggy Johnson, Honorable Tim Sheldon Attorney General of Washington — Opinion July 9, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Brad Owen State Senator, 35th Legislative District P.O. Box 40482 Olympia, Washington 98504-0482 Honorable Peggy Johnson State Representative, 35th Legislative District P.O. Box 40600 […]

Honorable Tim Sheldon Attorney General of Washington — Opinion. December 21, 2005 LEGISLATURE — STATE BUDGET — PUGET SOUND ACTION TEAM — Statusof certain funds appropriated by the 2005 Legislature for cleanup of Hood Canal. Section 116(2) of the 2005-07 biennial operating budget setscertain amounts aside for corrective actions to clean up HoodCanal as described […]

Honorable Randall K. Gaylord Attorney General of Washington — Opinion May 30, 2006 COUNTIES — PUBLICFUNDS — GIFTS — Authority of county to usesales tax revenue to provide housing for persons of low andmoderate income. 1. RCW 82.46.075 authorizes a county to impose certain salesand use taxes for the purpose of providing affordable housing forpersons […]

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion March 6, 2000 COUNTIES — CITIES AND TOWNS — MUNICIPAL COURTS — INTERLOCAL COOPERATION ACT — Authority of county to decline to enter into contract with city or town to handle misdemeanor cases referred from city law enforcement agency. RCW 39.34.180 does not obligate a […]

Honorable Mike Kreidler Attorney General of Washington — Opinion August 13, 2007 INSURANCE — INSURANCE COMMISSIONER — PUBLIC RECORDS — PUBLICDISCLOSURE LAW — Extent to which RCW 48.02.065, making certain recordsconfidential and privileged, mandates nondisclosure of the records inresponse to a public records request. 1. RCW 48.02.065(1), making certain records provided to the InsuranceCommissioner privileged […]

Honorable Fred A. Johnson Attorney General of Washington — Opinion September 4, 1996 CHRISTINE O. GREGOIRE, Attorney General MAUREEN HART, Senior Assistant Attorney General Honorable Fred A. Johnson Prosecuting Attorney Wahkiakum County P.O. Box 397 Cathlamet, WA 98612 Dear Prosecutor Johnson: By letter previously acknowledged, you have asked whether RCW 42.23.030 prohibits an individual from […]

Honorable Jan Shabro Attorney General of Washington — Opinion January 27, 2006 SHORELINE MANAGEMENT ACT — GROWTH MANAGEMENT ACT — COUNTIES —CITIES — Extent to which shorelines should be designated ascritical areas for purposes of the Growth Management Act. 1. When a local jurisdiction designates critical areas underthe Growth Management Act (RCW 36.70A), it is […]

Honorable Hans Dunshee Attorney General of Washington — Opinion February 3, 1999 CHRISTINE O. GREGOIRE Honorable Hans Dunshee State Representative, 39th District P.O. Box 40600 Olympia, Washington 98504-0600 Dear Representative Dunshee: By letter previously acknowledged, you have requested our opinion on a question we have paraphrased as follows: How should the use of military leave […]

Honorable Randall K. Gaylord Attorney General of Washington — Opinion October 28, 1998 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable Randall K. Gaylord San Juan County Prosecuting Attorney 350 Court Street PO Box 760 Friday Harbor, WA 98250 Dear Mr. Gaylord: By letter previously acknowledged, you have requested our opinion […]

Honorable Michael Heavey Attorney General of Washington — Opinion August 6, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Michael Heavey Senator 34th Legislative District P.O. Box 40482 Olympia, Washington 98504-0482 Dear Senator Heavey: By letter previously acknowledged, you have requested our opinion as to whether Initiative Measure No. […]

Honorable Randall K. Gaylord Attorney General of Washington — Opinion March 18, 2002 COUNTIES — TAXATION — Authority of rural county to use specialsales tax revenues to pay for installation of fiber optic cablefor privately-owned electrical utility. 1. A county may not use revenue from taxes levied underRCW 82.14.370 to acquire or install fiber optic […]

Honorable James L. Nagle Attorney General of Washington — Opinion July 28, 2009 DISTRICTS — MUNICIPAL CORPORATIONS — STATUTORY AUTHORITY — Status ofdistrict or municipal corporation after legislative repeal of authorizingstatutes. The Legislature’s repeal of statutes authorizing the formation of waterdistribution districts for irrigation and governing their operation,without making provision for existing districts, resulted in […]