AGO Opinions

AGO 2012 No. 3

Fri, 20 Apr 2012 07:00:00 GMT

TAX TITLE LAND - TAXATION - LEINS-Deferral Of Property Taxes

The lien in favor of the state for payment of deferred property taxes and special assessments created under RCW 84.38.100 is canceled when a county acquires title to the property through foreclosure for delinquent taxes. Where the county later sells such property, sales proceeds are apportioned pursuant to RCW 36.35.110.

AGO 2012 No. 1

Thu, 09 Feb 2012 08:00:00 GMT

CITIES - LAW AGAINST DISCRIMINATION - PREEMPTION-Whether State Law Requiring Food Establishments To Accommodate Trained Guide Dogs And Miniature Horses Preempts An Ordinance Of A First Class City Requiring Accommodation Of A Broader Class Of Animals

An ordinance of a first class city that prohibits food establishments from treating people differently based upon the use of additional types of service animals is not preempted by a state law prohibiting different treatment based only on the use of trained guide dogs and miniature horses.

AGO 2012 No. 2

Thu, 09 Feb 2012 08:00:00 GMT

HEALTH - TRANSIENT ACCOMODATIONS-Inspection Of Occupied Hotel And Motel Rooms

The Department of Health is precluded by statute from inspecting occupied rooms when conducting inspections of transient accommodations, without regard to presence or consent of the occupant.

AGO 2011 No. 2

Wed, 07 Sep 2011 07:00:00 GMT

COUNTIES - CITIES - DISTRICTS - INTERLOCAL COOPERATION ACT - BIDS-Requirement That Local Agencies Comply With Procurement Procedures For Architectural And Engineering Services

Cities, counties, and special districts cannot contract directly with another agency for architectural and engineering services without first complying with the procurement procedures set forth in RCW 39.80, except where the legislature has granted specific statutory authority to do so.

AGO 2011 No. 1

Wed, 31 Aug 2011 07:00:00 GMT

TRAFFIC INFRACTIONS - SCHOOL PROPERTY - FINES-Application Of Statute Doubling Monetary Penalty For Speeding In A School Or Playground Speed Zone

RCW 46.61.440(3), which requires doubling the monetary penalties in a school or play-ground speed zone, applies to infractions committed in violation of both RCW 46.61.440(1) and RCW 46.61.440(2).

AGO 2010 No. 10

Tue, 21 Dec 2010 08:00:00 GMT

COUNTIES - COUNTY TREASURERS - MUNICIPAL CORPORATIONS - TAXES - INTEREST-Sweeping Interest And Investment Returns Into County Current Expense Fund

RCW 36.29.020 allows a county treasurer to allocate the interest and investment returns earned on the investment of a county’s own funds into the county current expense fund, except for county funds as to which the legislature has specifically provided that interest and investment returns are to be dedicated to a specific purpose, or be retained in their original fund.

AGO 2010 No. 9

Tue, 30 Nov 2010 08:00:00 GMT

OPEN PUBLIC MEETINGS ACT-Meetings Of Committee Attended By Other Members Of Governing Body
The Open Public Meetings Act requires that notice be properly given of a meeting of the governing body. This requirement is not satisfied by notice given for a meeting of a standing committee of a city council as a governing body, where a quorum of members of the city council attend the meeting and take action as defined in the act, such that a meeting of the city council as a governing body takes place.

AGO 2010 No. 8

Fri, 05 Nov 2010 07:00:00 GMT

PROPERTY TAX ASSESSMENT - EMERGENCY MEDICAL SERVICES - CITIES AND COUNTIES-Whether A Property Tax Assessment Levied By A City Divided Between Two Counties Must Be Reduced Based Upon A Property Tax Levy Imposed By One County But Not The Other

If a city divided between two counties imposes a property tax levy to pay for emergency medical services, and one of the counties imposes its own levy for the same purpose, but the other county does not, RCW 84.52.069 does not require the city to reduce its property tax levy.

AGO 2010 No. 7

Wed, 15 Sep 2010 07:00:00 GMT

MINIMUM WAGE-Annual Adjustment Of Minimum Wage Following Decrease In Cost Of Living

Initiative 688 requires the Department of Labor and Industries to hold the minimum wage steady in years following a decline in the cost of living, until the cost of living returns to its previous peak. Thereafter, the Department of Labor and Industries is required to increase the minimum wage as the cost of living increases, but the law does not permit the minimum wage to decrease when the cost of living declines.

AGO 2010 No. 6

Wed, 01 Sep 2010 07:00:00 GMT

WAGES - DEPARTMENT OF LABOR AND INDUSTRIES - PUBLIC EMPLOYEES-Application Of Wage Payment Act To Employees Of State And Local Governmental Agencies

The Wage Payment Act applies to complaints by state and local public employees.

AGO 2010 No. 5

Wed, 07 Jul 2010 07:00:00 GMT

TAXATION - TAX LEVIES - TIMBER - TREASURER-Distribution Of Timber Excise Tax Revenues

When county timber excise tax revenues received during the third and fourth quarters of a year are insufficient to fully satisfy the first and second priorities for revenue distribution under RCW 84.33.081(2) and (4), distributions made to lower-priority districts during the first and second quarters of that year may not be taken back and redistributed to first- or second-priority districts.
School district property tax rates may not be adjusted during a tax year when timber excise tax revenues fall short of projections used in calculating the tax rate and levying property taxes for the year.

AGO 2010 No. 4

Fri, 05 Feb 2010 08:00:00 GMT

COURTS, SUPERIOR - COUNTIES - LEGISLATURE-Authority Of County Legislative Authority To Eliminate A Superior Court Position Upon Occurrence Of A Vacancy

The state constitution vests authority in the legislature to direct the number of judges of the superior court. A county legislative authority wishing to reduce the number of existing judgeships may work with the legislature to accomplish that result.

AGO 2010 No. 3

Mon, 01 Feb 2010 08:00:00 GMT

GAMBLING - CHARITY - STATE EMPLOYEES - ETHICS IN PUBLIC SERVICE ACT-Raffles Conducted By State Employees For Charitable Or Benevolent Entity

1. RCW 9.46.0209 authorizes state employees to conduct charitable raffles, but such raffles may benefit a person or family in need through a qualified charitable or benevolent entity. However, state employees may not conduct a raffle for the purpose of raising funds that will be transmitted directly to an individual person or family in need. 2. A charitable raffle conducted by a group of state employees may benefit a family, family member, or friend of a state employee conducting the raffle, only if that recipient has been designated as a person or family in need by a qualified charitable or benevolent entity.

AGO 2010 No. 2

Fri, 15 Jan 2010 08:00:00 GMT

OCCUPATIONAL THERAPISTS-Scope Of Practice Of Occupational Therapy

The scope of practice for occupational therapists does not include the practice of sharp debridement.

AGO 2010 No. 1

Wed, 06 Jan 2010 08:00:00 GMT

LAW ENFORCEMENT - LAW ENFORCEMENT AGENCIES-Use Of Asset Forfeiture Funds For Accreditation And Reaccreditation Of Law Enforcement Agencies
Law enforcement agencies can use the net proceeds of asset forfeitures under RCW 10.105.010 for accreditation, reaccreditation, and necessary associated training which serves to improve law enforcement activity, provided that such funding does not supplant existing funding sources. However, assets forfeited pursuant to other statutes for which the use of funds is more tightly restricted can only be used for accreditation and training purposes, if the subject matter is closely related to the purposes of the applicable forfeiture statute.